HOW ARE CRIMINAL CASES INITIATED?

The largest number of criminal cases, misdemeanor and felonies, are initiated by police complaint.  Usually, the person is arrested for the offense committed in the presence of police or upon information supplied to police by other witnesses.  Police then charge the arrestee on a document known as the Complaint.

In essence, police charge the crimes and the prosecutor may amend the Complaint to add, subtract or modify those offenses.  On rare occasions, prosecutors may initiate misdemeanor charges, e.g. police submit the case file to the prosecution because the police officers are unsure of whether a crime was committed or which crime to charge and the prosecutors decide whether and which crimes to charge and then can file a Complaint or information (also a charging document) containing those charges and an arrest warrant or summons will issue to compel the attendance of the accused at the first hearing.

In felony cases, the prosecutor must file his or her own Complaint or information, even after the police have arrested the accused and filed charges.  Sometimes, prosecutors may seek to have a grand jury issue an indictment. 

An indictment is simply a document charging a person with a crime signed by the grand jury foreperson in which the grand jury has determined that probable cause exists to believe the crime was committed by the accused. 

PRACTICAL CONCERNS

It is well-known that people are arrested by police and accused of the commission of crimes by prosecutors and police with substantial frequency. Every person either accused of criminal conduct or questioned about activities that may be related to criminal conduct should invoke his or her rights guaranteed by the Fifth Amendment to the United States Constitution  to have a lawyer present and remain silent before speaking with police. 

All too often, people foolishly believe that the police are noble creatures that are only seeking the truth and that either the innocent accused has nothing to fear from speaking with police or that the guilty accused deserves his or her fate and should speak with police.   These beliefs are based upon a few faulty premises such as the police are only interested in a good and moral result and that their interests lie only in the protection of the community.  However, police act individually and are human and have the same frailties that all other human beings have in common.  So, police may be emotional, prejudiced, biased or misguided in their search for justice. 

Also, non-lawyers are not trained to recognize precisely which actions constitute each possible criminal offense that could be charged.   Often, honestly mistaken facts provided by the accused to law enforcement form the basis of new charges for obstruction of justice.  So, all persons arrested or accused of crimes should be extremely wary and avoid discussing their actions with law enforcement without the presence of a lawyer. 

Likewise, those that believe they are guilty and should be punished should, nevertheless, avoid speaking to police.  Police are not trained to be lenient or reasonable in charging people with crimes.  Police are not the place for confessions.  Police do not have the ability to treat or absolve people for their crimes and, in fact, are charged with a duty to enforce the law.  Usually, police and prosecutors are trained to charge the maximum number of crimes a defendant can be accused of under the law.  Not only can the confessing accused expect to be immediately arrested and charged with crimes, they may be charged with more offenses than anticipated.  Our Colorado Criminal Code often punishes a single act or single series of acts as multiple crimes.  So, persons agreeing to be interviewed by police may help ensure that they are charged with the most crimes possible under the facts of that case. 

Also, our highest body of laws, the United States Constitution, requires the government to prove each and every element of a crime beyond and to the exclusion of every reasonable doubt. Although some misinterpret invoking constitutional rights as constituting trickery or underhanded behavior, our Constitution protects each and every one of us against unlawful government behavior.  For instance, it provides that the accused may hold the government to its burden of proof and also require it to disprove legal defenses.  When the accused consents to being interviewed by police and without counsel present, the accused often has, gratuitously, supplied the government with facts to easily disprove those defenses.  Again, this only serves to harm the accused's case and his or her ability to resolve it properly.  Give serious thought to these issues before supplying the government with information it will use against you.

Those accused of crimes often engage in self-representation or speak with police hoping to receive leniency and resolve their cases without lawyers because legal fees can be expensive.  While there is no denying that legal expenses can be high, the axiom "pennywise and pound foolish" is most applicable here.  Not only do those discussing their cases with police often find themselves in a worse position than if they had not (as explained above), those attempting to represent themselves often have to hire lawyers anyway and only after damaging their cases. These types of clients usually outsmart themselves and either hurt their cases irreparably or must pay the same amount for an attorney that they would pay at the beginning of the case.  Think twice before risking damage to your case by making the mistake of self-representation.  Call our offices to discuss your options first.

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Taub & Taub, P.C. represents clients throughout Colorado in Douglas (including Castle Rock, Parker, Highlands Ranch, Lone Tree, Monument and all other towns and cities), Denver, Elbert, El Paso, Arapahoe, Jefferson, El Paso, Lincoln, Adams, Weld, Larimer, Morgan, Washington, Logan, Sedgwick, Phillips, Yuma, Kit Carson, Cheyenne, Pueblo, Crowley, Otero, Bent, Prowers, Baca, Las Animas, Huerfano, Larimer, Gilpin, Clear Creek, Park, Teller, Fremont, Custer, Costilla, Alamosa, Conejos, Rio Grande, Saguache, Chaffee, Lake, Summit, Grand, Jackson, Archuleta, Mineral, Hinsdale, Gunnison, Pitkin, Eagle, Routt, Moffat, Rio Blanco, Garfield, Mesa, Delta, Montrose, Ouray, San Juan, La Plata, San Miguel, Dolores and Montezuma counties.