Being accused of a crime can be frightening and frustrating. To understand the charges against you and to explore every possible defense, it is important to talk to an attorney as soon as possible after being arrested, or beforehand if possible. At Mannina & Associates, Denver criminal defense lawyer Trent Mannina can guide you through the plea bargaining process, aggressively represent you at trial, or appeal an adverse decision. We also can represent you if you need an injury attorney or are pursuing an employment discrimination claim.
As a former public defender, Trent Mannina knows all too well how police and prosecutors can take advantage of people who may not know their legal rights. He also knows that a thorough investigation can go far in discovering weaknesses in the State’s case, as well as possible defenses or mitigating factors.Protecting the Rights of Criminal Defendants
A defendant is presumed to be innocent until the State proves him or her guilty beyond a reasonable doubt. This requires the State to produce legally admissible evidence of each element of the crime and to persuade the trier of fact that the defendant is guilty. A finding of guilty beyond a reasonable doubt requires the factfinder to reach a point of moral certainty precluding the existence of a reasonable alternative.
In addition to the requirement that the State prove guilt beyond a reasonable doubt, the U.S. Constitution provides several other protections to people who are facing criminal charges. For example, the Fourth Amendment prohibits unreasonable searches and seizures. This means that, unless a defendant consents to a search, police generally must obtain a search warrant that is supported by probable cause. The Fifth Amendment protects a defendant from being compelled to incriminate him or herself in a criminal case. The Sixth Amendment guarantees a speedy trial by an impartial jury, and the Confrontation Clause within the amendment provides that the accused has the right to confront the witnesses whom the prosecution presents.
In some criminal cases, a defendant may be able to assert an affirmative defense, in addition to challenging the evidence introduced by the State or questioning the legality of his or her arrest and the search and seizure of evidence. Depending on the crime of which the defendant is accused, viable affirmative defenses might include self-defense, necessity, duress, entrapment, or the statute of limitations, among other examples. When asserting an affirmative defense, a defendant typically argues that, even if he or she technically committed the elements of the crime, there is a defense that defeats, justifies, or mitigates the consequences of what would otherwise be unlawful conduct. In Colorado, the defendant has the burden of providing credible evidence of an affirmative defense, but the State then has the burden of disproving it.Discuss Your Options with a Criminal Defense Lawyer in Denver
People accused of criminal activity may face a number of adverse consequences: loss of freedom, fines, probation, community service, and a social stigma that may interfere with educational or employment prospects. At Mannina & Associates, we have experience in handling a wide range of criminal cases, and Denver criminal defense attorney Trent Mannina is here to serve you during this difficult time. If you would like to discuss your situation, call us at (303) 594-1448 or contact us online to set up a free appointment. We can assist people throughout the Front Range, including in Greeley, Fort Collins, Aurora, Boulder, Castle Rock, Colorado Springs, Canon City, and Pueblo, as well as other cities throughout Jefferson, Arapahoe, Adams, Douglas, Boulder, Weld, Laramie, El Paso, and Pueblo Counties. Mannina & Associates also serves people who need an employment discrimination attorney or representation in a personal injury claim.