If you have been charged with a crime or learned that a grand jury proceeding is underway against you, you need to act decisively and without delay. A criminal prosecution could take away your freedom, your reputation, your job, and perhaps even your family. Now is no time to play around.
There is one word that sums up the Colorado criminal justice systemーbrutal. Prosecutors are relentlessly aggressive. And whether or not you committed a crime, when the government levels criminal charges against you, you are in big trouble if you don’t have an experienced advocate by your side. That is what we are here for.
Types of Crimes We Defend Against
- Domestic violence;
- Drug crimes;
- Internet crimes;
- Sex crimes;
- Theft crimes;
- Violent crimes; and
- White-collar crimes.
If you are charged with a crime not specifically listed above (“terroristic threatening” for example), do not be concerned. Whatever you are criminally charged with, our experience has got you covered.
The Advantages of Retaining a Criminal Attorney Immediately
The Colorado criminal justice system is like a ticking time bomb. The sooner you start fighting back with the help of an experienced Evergreen criminal defense attorney, the better your chances of a good outcome will be. There are never any guarantees in law, so it would be irresponsible of us to offer guarantees. But we can tell you that in our experience, defendants who retain criminal lawyers early in the process typically enjoy lower bail bonds, get better plea deals, spend less or no time in jail, get their cases dismissed more frequently, and enjoy a higher rate of acquittals if their case makes it to trial.
How We Can Help You
The moment you retain us, we spring into action. One of the most important things we do is to immediately initiate an investigation. This can be critical to your success. For instance, many businesses routinely erase or tape over their video surveillance footage within a short period of time. They don’t hold onto it for long. If the prosecution does not request such footage immediately, it will likely disappear quickly. This may be the greatest evidence you have to refute the allegations against you, and if you don’t have an experienced Evergreen criminal defense lawyer soon after arrest—it may be gone forever. Here are some other ways that we help by taking immediate action:
- Research the law surrounding your case;
- Interview witnesses and prepare them for trial;
- Demand evidence that is in the possession of the prosecution or a third party;
- Negotiate with the prosecutor;
- Locate expert witnesses and have them testify on your behalf; and
- Many other actions as required by your individual circumstances.
Criminal prosecution is a war, and we know exactly how to fight it.
The Discovery Process
In the discovery process, each side demands evidence that is in the possession of the other side (and sometimes third parties). They examine this evidence to see how it benefits their case. For example, the prosecution or defense might demand DNA evidence in the hopes of using it against the opponent. If the other side refuses to supply it, they can seek a court order compelling its production. We know how to manage the discovery process to your maximum advantage, and we will not hesitate to fight back against stubborn prosecutors.
You are a person to us, not a case number. Every case is different because every fact pattern is different. We will scour the facts of your case to develop a unique strategy that takes full advantage of every possible defense. Any number of defenses might apply to your case, including:
- Constitutional violations that taint the evidence against you;
- Establishment of an alibi;
- Self-defense or defense of others;
- Lying or mistaken witnesses;
- Mistake of fact (e.g., you genuinely believed the property you “stole” belonged to you);
- Coercion or duress (someone forced you to commit a criminal act);
- There is simply not enough evidence to establish your guilt beyond a reasonable doubt;
- Necessity (e.g., you stole a car to transport a dying person to the hospital); or
- Expiration of the statute of limitations deadline (the prosecution waited too long to charge you with the crime).
Many other possible defenses exist as well.
Suppression of Evidence
The Fourth Amendment to the US Constitution forbids the police from conducting illegal searches and seizures. The exclusionary rule prohibits the prosecution from using evidence against you that was obtained in violation of the Fourth Amendment.
Did the police secure a confession from you without first reading your Miranda rights? Did they search you or your home without a warrant, or without an exception to the warrant requirement? Did they pull you over without probable cause that you committed a crime? If so, we can seek to have any resultant evidence excluded. Such exclusion may leave the prosecution with little to no ammunition to use against you. We have secured acquittals for many of our clients by knowing how to get evidence suppressed.
Few criminal cases make it to trial because most are resolved through plea bargaining—which is far less risky than trial, depending on your circumstances. The prosecution simply doesn’t have time to conduct a full-blown trial for everyone charged with a crime, and this can give us leverage that we can use to your advantage. A common prosecution strategy is to pile on charge after charge, many of which only marginally apply to your case.
Their strategy is often to tell you that if you are convicted at trial you may be facing, say, 150 years in prison. After scaring you with that enormous number, they demand that you plead guilty to a single charge that carries a jail term of “only” 10 years. With that kind of intimidation, you are likely to plead guilty to a crime you didn’t even commit. We know how to fight back against this kind of prosecutorial bullying.
The Legal World Has Noticed Our Stellar Track Record
Our firm has been showered with award after award from clients and peers. We have been included in the “Best Lawyers in America®” list, and the prestigious Martindale-Hubbell attorney rating service rates us a perfect 5.0 AV® Rating™ for ethical standards and legal skills. We also have attorneys who have been selected as Colorado Super Lawyers®, an honor given to only five percent of the lawyers in each state. You’re in good hands with us.
We Are Ready to Go to War for You
We consider it our mission to fight as hard as we possibly can to keep the Colorado justice system from steamrollering our clients. And we have developed some formidable skills over the years. To schedule a free consultation, call the Evergreen criminal defense attorneys of Gerash Steiner Blanton, P.C., or contact us online.