Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced Colorado criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.
Definition of Criminal Liability
In the Western tradition of jurisprudence, liability is assessed according to two categories:
Mens rea – technically translated a “guilty mind,” this category describes the intent of a person to commit a criminal violation.
Actus reus – technically translated as “guilty act," this category describes actions taken by a defendant.
Here are some examples to clarify what these terms mean:
| CHARGE: Attempted murder |
ASSESSMENT: Mens rea |
| CHARGE: Non-intentional vehicular manslaughter |
ASSESSMENT: Actus reus |
| CHARGE: Assault and battery |
ASSESSMENT: Mens rea, Actus reus |
Right to a fair procedure
The criminal defense process can be incredibly complex, but it's important to follow the rules outlined by law to minimize your punishment.
The U.S. Constitution strictly protects criminal defendants by requiring the enforcement of rules of procedure known commonly as "due process."
If a defendant is denied his due process, for whatever reason, he or she has numerous options of redress. In some cases, the defendant may actually get key charges thrown out or significantly downgraded.
Negotiated settlement
Today’s crowded jails and increasingly expensive jury trials incentivize prosecutors to settle cases out of court, if at all possible. This negotiation, known as “plea-bargaining,” often involves a defendant pleading guilty to partial charges in exchange for more lenient sentence. With a polished criminal defense lawyer on your side at this negotiation, you can potentially reduce your sentence, get certain charges dropped, and speed up your rehabilitation back into normal society.
Consequences of conviction
If you end up convicted of a misdemeanor or felony, consequences can range from the annoying to the life-changing. Consequences may include:
- Court ordered punishments such as jail time, hefty fines, probation, and even capital punishment.
- Long-term consequences such as trouble getting a driver's license, problems obtaining credit, loss of voting rights, inability to join unions or other professional organizations, and loss of welfare rights and other financial benefits.
- Social and emotional fall out such as isolation from friends and family, emotional problems, and psychological troubles.
Conclusion
To better protect yourself throughout your involvement with the criminal-justice system, consult with an informed, knowledgeable criminal-defense attorney. Your Colorado Springs criminal defense attorney can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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