Legal Question in Criminal Law in Colorado
The need for legal assistance
I've been arrested for 18-4-502,
first degree criminal trespass.
I'm going to the first hearing on Feb 15th. Do I need personal legal counsil at that hearing?
2 Answers from Attorneys
Re: The need for legal assistance
You need counsel. You may qualify for a public defender. For a felony, a plea or conviction will be on your record forever. Even a plea to a misdemeanor, or a "deferred sentence" will be on your record as a felony forever. You will lose your job. Take this very seriously. I work with defendants who pleaded to a misdemeanor or a deferred, who are told by their paid attorney that it will be off their record, who then get fired. They can't get a new job. They lose their house, their car. They go to welfare. They sue for malpractice. The jury finds that the area of law is complex. They lose the malpractice suit. Get counsel. Ask ALOT of questions. Good luck.
Re: The need for legal assistance
At your first hearing, you don't have to say anything or make any plea. The purpose of that hearing is for the judge to let you know what your rights are, and explain the charge against you.
Technically, you don't need an attorney to do this. You may if you wish simply inform the court you would like time to seek an attorney, or that you would like to apply for a public defender. Another date for another court appearance will be set.
However, first degree criminal trespass is a felony. That means it's a serious charge; it has the potential to land you in prison. Serious charges are what lawyers are for. If you plan to take this serious charge seriously, there is little if any point in not contacting a lawyer right now to help you, whether you hire a lawyer or qualify for a public defender.
Good luck.
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