Experienced and Effective Defense of Your Rights

Your Rights

When charged with committing a crime in Colorado, you have certain rights as a defendant.  Some of these rights come from the United States Constitution, some from the Colorado Constitution, and some are derived from various statutes and the common law.

You Have the Right to Remain Silent

You are not required to make any statements to the police.  Any statements you do make may be used against you.

You Have the Right to an Attorney

You can retain counsel of your own choosing, or you can apply for the assistance of an appointed lawyer if you are indigent.

You Have the Right to be Presumed Innocent

You are presumed innocent until either you give up the right, or it is extinguished by conviction after a trial.

You Have the Right to be Proven Guilty

The prosecution must convince a trier of fact (a judge or jury) that you are guilty beyond a reasonable doubt before you can be punished.

You Have the Right to a Trial

The government has the burden of proving you guilty of violating the law in an open and public trial before an impartial judge and jury.

You Have the Right to a Speedy Trial

The government cannot charge you with committing a crime and then continually postpone the trial.  The prosecution must begin your trial without undue delay.

You Have the Right to Assist in Selecting a Jury

Both you and the government can participate in selecting a fair and impartial jury panel to determine whether or not the prosecutor has met his burden.

You Have the Right to Subpoena Witnesses

If there is someone who has information helpful to your case, you can require them to appear at trial and answer questions before the jury.

You Have a Right to Cross Examination

Whenever a prosecution witness takes the stand, you have the right to question the witness after the government.

You Have the Right to an Appeal

If you believe you did not receive a fair trial, you can request another judge review your trial record to determine if the verdict was fair and proper.

Revocations of Probation

If a motion to revoke probation has been filed against you, you also have a number of rights, but those rights are limited in scope.  This is because you have already been proven guilty (and therefore lost the presumption of innocence).

You Have the Right to Remain Silent

Just like when charged with committing a crime, you are not required to be a witness against yourself.

You Have the Right to an Attorney

As a revocation hearing is a species of sentencing hearing, you can have a lawyer assist you during revocation proceedings.

You Have the Right to Notice

When the government alleges you violated your probation, it must state specifically what you did (or did not) do.  The prosecution must show, by a preponderance of the evidence, that you violated your agreement with the government.

You Have a Right to Cross Examination

During the revocation hearing, you can question any witness called by the prosecution.

Accused of a Crime?

This is not a complete list of one’s rights when accused of committing a crime in Colorado.  If you have been arrested or charged with a crime in Fort Collins, it is vitally important that you call immediately to speak to an experienced Fort Collins criminal defense lawyer.

If you are under investigation, or have been cahrged or arrested, you have a right under the Fifth Amendment to the United States Constitution, as well as Article II of the Colorado Constitution, to decline to answer any questions.  Never discuss the facts of your case or answer any questions without first speaking to a qualified criminal defense lawyer.

Contact Us Today

Contact The Cooney Law Firm now at (970) 484-9911 to discuss your individual case.  Allow the Cooney Law Firm to protect your rights – and your personal freedom.

The Cooney Law Firm | 123 North College Avenue, Suite 219, Fort Collins, CO 80524 | (970) 484-9911