a.  If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).

        b.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.

        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).

        a.  The ticket (summons and complaint or complaint) is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  In El Paso County, initial appearance hearings are held in the First Appearance Center.  The case then transfers to a judge's division.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, the attorney will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.

        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

        a.  Some local judges are setting trial dates 60 days out from initial appearance - similar to domestic violence fast track.  This is a form of docket control for the courts.  Convenient for those who set policy, but in fairness, El Paso County Court is inundated with cases.

        b.  This court policy places a heavy burden upon defense counsel and defendants.  Plea negotiations should not take place until the attorney has an understanding of the case - receipt of a copy of the DA Office file (which includes summons & complaint(s) law enforcement officer notes and reports, accident report, Colorado driving record & witness list), plus client factual interview and receipt of driving records.  If an alcohol charge is alleged, discovery to be procured includes sobriety checklist, lab reports, DOH lab certifications and defense counsel blood BAC re-test by independent laboratory.  If relevant, discovery may include a DMV discovery packet & file.  This takes time.  If the case can not be settled, a very short window exists for investigator interviews and for counsel to file supplemental motions & briefs, witness endorsements, exhibit endorsements, jury instructions, and theory of defense.  The court may not grant continuance of hearings.

        c.  Even though contested proceedings are set, attorney settlement fees may be quoted.  If the client rejects the plea offer, trial fees and costs will be due at the time client elects to proceed to trial - no exceptions.  Cases will proceed to jury trial within 2 months from initial court appearance.  Be aware of this very short window of time.  Counsel will approach cases outside of El Paso County similarly.

        d.  Given the short amount of time between initial appearance and trial setting, this attorney would prefer to prepare each case for trial at the outset.  Since this is a new policy, counsel will give it an opportunity to see how timing works, but the court policy may simply result in the need for trial preparation in each case at the time of representation commencement.  Depending upon where court policy finally settles, settlement fees may become a thing of the past.

        a. Discovery Motion. This is a request to discover information in order to prepare an adequate defense

        b. Motion in Limine. This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds.  An example would be a breath or blood test which is not defendant's but mislabeled; and which could prejudice the jury without having any importance on the issue of guilt or innocence, or perhaps an attack upon inadequate training & improper application of horizontal gaze nystagmus or sobriety testing.

        c. Motion to Suppress. This is a motion to exclude evidence from trial on the basis of violation of constitutional rights.  An example would be a random stop for the purpose of an evidentiary fishing expedition.  Absent probable cause (reason to believe defendant engaged in a crime) for the initial contact or arrest, evidence obtained therefrom may not be used against defendant.  Similarly, forced confessions or statements may not be used.  There are many other arguments which may be available in misdemeanor or petty offense cases.  With limited exceptions, defendant must be present in court for motion hearings.

        In a misdemeanor offense or petty offense criminal case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the DA's case.

        "Shoot for the best - plan for the worst."  It is also wise to plan for other contingencies; conviction of an offense. Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result, counsel may request a client to immediately commence remedial education noted above.  That may also aid negotiations.

        a.  If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).

        b.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.

        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).

        d.  If Since felonies carry the possibility of incarceration in excess of 6 months, an indigent (poor) defendant is entitled to a public defender unless the prosecutor waives incarceration.

        a.  If jail may be imposed for any period, including offenses less than 6 months jail, the city has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).

        b.  Public Defender's Office is a state agency and therefore unavailable.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints a member of the private defense bar who has contracted with the city for court appointments.

        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).

        a.  The ticket (summons and complaint or complaint) is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, the attorney will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.

        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.  Refer to the jurisdictional attack links in the above criminal offense section.

        a.  Under the speedy trial rule, trial must be provided within 90 days (3 months).

        b.  If the defendant enters a plea of not guilty at first appearance, the court may set the case for trial and deny a request for pre-trial conference - a negotiation date.  This is to avoid speedy trial dismissals.  Frequently a defendant will delay entry of a not guilty plea and simply set the case for pre-trial conference.  If not settled at pre-trial conference, then a not guilty plea is entered, and the case set for trial.

        c.  Demand must be made for jury trial.  The demand must be accompanied by a $25 jury deposit within 10 days from entry of not guilty plea.  Standard number of jurors is 3, defendant may request 6 jurors.

        d.  The right to jury trial is an important right which should never be waived unless for tactical reasons after consulting with counsel.
 

                "Defendant Smith -- Come on down !! " - - Let's Make a Deal!"  (door number 3 is usually the best choice)
                It's not all or nothing as in a trial - a middle ground can be found by plea bargaining
                School zone speeding tickets are more difficult to negotiate
        Clients have inquired "What's a deferred sentence?"  Refer to the link for information.  If a plea bargain is obtained which is acceptable to the client, the case is dismissed or the court usually proceeds to immediate sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident.  Offer of flat dismissal is unlikely in most cases.  The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license if relevant, or perhaps a deferred sentence to a lesser charge which would not be reflected on the consumer driving abstract.  Preservation of the right to petition to seal criminal justice records is frequently a primary concern.  If a plea bargain is obtained which is acceptable to the client, contested hearings are vacated and the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case continues to contested hearings and trial.  Unless arrangements have been made for counsel to conclude the case with the client's authority or unless a defendant is an out of state resident, locally the courts require a defendant's presence at pre-trial conference.

        a. Discovery Motion. This is a request to discover information in order to prepare an adequate defense.  Rules in Municipal Court are significantly different that in State Court.

        b. Motion in Limine. This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds.  An example would be a breath or blood test which is not defendant's but mislabeled; and which could prejudice the jury without having any importance on the issue of guilt or innocence, or perhaps an attack upon inadequate training & improper application of horizontal gaze nystagmus or sobriety testing.

        c. Motion to Suppress. This is a motion to exclude evidence from trial on the basis of violation of constitutional rights.  An example would be a random stop for the purpose of an evidentiary fishing expedition.  Absent probable cause (reason to believe defendant engaged in a crime) for the initial contact or arrest, evidence obtained therefrom may not be used against defendant.  Similarly, forced confessions or statements may not be used.  There are many other arguments which may be available in Municipal Court criminal offense cases.  With limited exceptions, defendant must be present in court for motion hearings.

        a.  Municipal court criminal offenses can carry jail.  The court may impose jail, fine, court costs and prosecution costs as provided by statutes.  Law requires every defendant make restitution (make the victim whole).  As a condition of probation, the court may also impose any other condition reasonably related to rehabilitation.  e.g. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  In domestic violence cases, domestic violence classes or anger management may be imposed. 

        b.  Some offenses which are not traffic related nevertheless have an effect upon Colorado driving privileges.  Based upon the type of conviction or points which may be reported by the court, the DMV may take adverse action against Colorado driving privileges. Habitual traffic offender status may even be a possibility depending upon the nature of charges filed against the defendant.

        In a Municipal Court criminal criminal case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the Colorado Springs City Attorney's Office case.

        "Shoot for the best - plan for the worst."  It is also wise to plan for other contingencies; conviction of an offense. Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result, counsel may request a client to immediately commence remedial education noted above.  That may also aid negotiations.