If you suspect someone is trying to file a criminal complaint against you in Montrose, you should take immediate action to protect your legal standing and start building a defense. Brent Martin is a seasoned trial attorney at The Martin Law Firm with over 20 years of experience fighting for clients in Colorado courts. Since 2001, he has represented thousands of clients in serious criminal cases and understands how to pursue results such as preventing prosecutors from bringing charges, getting cases dismissed, or securing acquittals. When you call our office at (970) 730-4354 for help, we can explain your legal rights and options during a confidential case consultation.
The Meaning of Filing Criminal Charges
A charge is a specific legal allegation against an individual that accuses them of breaking the law. When people use the phrase about someone pressing charges, they generally mean a person has contacted the police because they want an alleged offender to face prosecution. It is a common misconception that private citizens file these cases, as only the government has the power to formally charge someone with a crime. A private citizen acts as a witness or a complainant who indicates they are willing to cooperate with the government if the case moves forward.
The District Attorney holds the power to decide whether to file criminal charges against you. This official has broad discretion when determining which specific counts to file, whether to move forward with a prosecution at all, what kind of sentence to request from a judge, or even whether to charge a minor as an adult.
District attorneys must follow strict legal and ethical standards during this process. They must have a reasonable belief that the defendant committed the act and that a jury would find the person guilty beyond a reasonable doubt. While the police only need probable cause to make an initial arrest, the higher standard of proof beyond a reasonable doubt is required for formal charges to proceed through the court system.
Criminal Court Process in Colorado
A person facing a criminal accusation in Colorado typically goes through the following stages:
- Police Investigation Official charges are not filed until law enforcement officers finish a criminal investigation. After they get a report that a crime happened, officers might interview people with knowledge of the event and gather physical or digital evidence.
- Review of Potential Charges The District Attorney’s Office examines the files that police officers submit to determine if enough evidence exists to support a criminal case. This office makes a final determination based on the unique facts and evidence found in each specific situation.
- The Filing Decision The District Attorney’s Office looks at the evidence and the suggested charges to make one of three choices:
- To accept the case and formally file criminal charges
- To decline the case because there is not enough evidence
- To send the file back to the police and ask for more investigation
The District Attorney’s Office usually files formal paperwork within three business days following an arrest. There is a clear ethical duty for prosecutors to refuse to file a case if they do not believe they can prove it beyond a reasonable doubt, and they must dismiss active charges if they realize later that the evidence does not meet that high standard.
Speak with Brent Martin Today
If you are currently experiencing misdemeanor or felony charges in Colorado, you need a dedicated advocate who will work to protect your future and your personal freedom. Brent Martin and his team are ready to stand by you.