Tag: criminal defense attorney

Common Myths About Criminal Defense

Common Myths About Criminal Defense

Many people learn about the law and court system from TV shows and movies, which are not reliable sources. As a result, there are a lot of myths about criminal defense attorneys and the work that they do to protect the right of people who have been accused of committing crimes. Here’s the truth behind some of the most common myths:

Myth: The Jury Will Assume A Defendant is Guilty if He Doesn’t Testify

Some defendants are surprised to hear their attorneys advise them against testifying in their criminal case. This is often because they believe that the jury will think they are hiding something if they choose not to testify. But, that’s not true. Every defendant has a constitutional right to choose whether or not he wants to testify. If a defendant decides against testifying, the jury cannot take this decision into account during deliberations.

Myth: Defendants Who Plead Guilty Do Not Need Attorneys

Defendants who have decided to plead guilty often believe that they don’t need to hire a criminal defense attorney since their case will not go to trial. But, a criminal defense attorney does much more than just represent clients during trials. If you are pleading guilty, a criminal defense attorney can negotiate a plea deal with the prosecutor to ensure you are given a reasonable sentence.

Myth: You Can’t Be Convicted Unless There is Forensic Evidence

The crimes that are featured in movies and TV shows are often solved when investigators find fingerprints, DNA, or other types of forensic evidence. It’s true that this type of evidence is used to convict people of crimes. However, it’s not true that a defendant cannot be convicted unless there is forensic evidence that proves he committed the crime. Prosecutors often rely solely on testimony from witnesses and police officers to convict defendants. Therefore, there’s no reason to think that the case against you is weak because there is no forensic evidence.

Myth: The Police Cannot Lie to You

It’s a crime to lie to police officers, but believe it or not, it’s not illegal for them to lie to you. It’s important to understand that police officers may make misleading or false statements in order to get you to confess to a crime. If they happen to get a confession out of you, it cannot be thrown out simply because they lied in order to get it.

If you are facing criminal charges, contact Reisch Law Firm today. Our criminal defense attorneys will guide you through the criminal justice system, protecting your rights every step of the way. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Decisions Will Defendants Have to Make In A Criminal Case?

What Decisions Will Defendants Have to Make In A Criminal Case?

Being charged with a crime can change your life in an instant. But more importantly, the decisions that you make after being charged with a crime could affect the rest of your life. Here are some of the decisions that defendants will have to make in a criminal case:

Plea Bargains

It’s estimated that between 90-95% of all cases are resolved through a plea bargain, so it’s very likely that a deal will be offered to you at some point. Deciding whether or not to take the deal is one of the many decisions you will need to make in your case. Taking a plea deal means pleading guilty, accepting the consequences, and living with a conviction on your record. But, it also means a shorter criminal case, which leads to fewer legal fees, and lighter consequences.

Choosing An Attorney

Hiring the right criminal defense attorney could make or break your case. Experienced attorneys may be able to negotiate better plea deals, secure your release from custody, and poke holes in the prosecution’s case in the courtroom. Do your research before hiring an attorney so you can find one who has had success representing clients in cases similar to yours.

Taking the Stand

Defendants do not have to take the stand and testify if the case goes to trial, but they can if they believe it will help their case. This is another important decision that could have a significant effect on your future. It’s impossible to predict how the jury will respond to you as a witness or how well you will hold up during cross-examination. Don’t make this decision without going over the pros and cons of taking the stand with your attorney.

Appealing the Verdict

Defendants who are found guilty at trial may be able to appeal the verdict if they believe that mistakes were made during the trial that affected the outcome. For example, if it is discovered that one of the jury members was secretly talking to a witness about the case, the jury member’s vote could have been affected by these private conversations. As a result, the court may find that this is grounds for an appeal.

Deciding whether or not to appeal can be challenging. Appeals can be time-consuming and expensive, so defendants have to decide whether they should accept the verdict or take another chance.

Have you been charged with a crime? If so, get in touch with Reisch Law Firm today. You will need to discuss these important decisions with an experienced criminal defense attorney so you can make the best choices for your future. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Types of Evidence Can Be Presented in Court?

What Types of Evidence Can Be Presented in Court?

There are four types of evidence that may be presented by either the prosecution or the defense in a criminal trial: real, demonstrative, testimonial, and documentary. If you are facing criminal charges, it’s important to understand each of these types of evidence so you understand what can and cannot be brought up during your trial.

Real Evidence

The first type of evidence is referred to as real evidence because it can be seen or felt by the jury. The objects that are classified as real evidence are usually directly related to some part of the crime. For example, a knife that was used to commit murder would be real evidence. Controlled substances found in the defendant’s possession can also be considered real evidence. Both of these objects are real evidence since they are observable and related to the crime.

Demonstrative Evidence

The second type of evidence that can be used in court is demonstrative, which is used to illustrate a witness’s testimony. Demonstrative evidence can include maps, diagrams, and graphs.

This type of evidence can only be used if it is a true representation of what the witness is saying. For example, it may be easier for a jury to follow along with a witness’s testimony if they are presented with a diagram of the crime scene. However, the diagram must be drawn based on the witness’s testimony. If the witness said she found the weapon behind the sofa, the prosecution cannot place the weapon in the center of the room on the diagram. This would be misleading for the jury members who are trying to understand what was found at the scene of the crime.

Testimonial Evidence

Testimonial evidence is any type of information that is provided by witnesses who are testifying under oath. It’s important to note that testimonial evidence can only be provided by competent individuals. Anyone who clearly does not have any personal knowledge of the subject or cannot remember what he or she witnessed will not be deemed competent.

Documentary Evidence

Finally, there is documentary evidence. As you may have guessed, documentary evidence is any type of document that can be used to prove or disprove facts of the case. For example, a photo of the defendant leaving the crime scene could be considered documentary evidence. Emails sent to and from the defendant about the crime can also be used as documentary evidence. Documentary evidence is often the most convincing, which is why many prosecutors rely so heavily on it to prove their case.

If you are facing criminal charges, contact Reisch Law Firm today. Our criminal defense attorneys will immediately begin to gather evidence that can be used to discredit the prosecutor’s case and prove your innocence. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

FAQs About Probation in Colorado

FAQs About Probation in Colorado

People who are convicted of crimes are often sentenced to probation instead of jail or prison time. But, many people who face this penalty don’t know much about it beyond the fact that it is an alternative to incarceration. Learn more about probation in Colorado by taking a look at the answers to these FAQs:

Who is sentenced to probation?

Both adults and juveniles can be eligible for probation if they are convicted of certain felonies or misdemeanors. However, probation may not be an option for defendants convicted of violent crimes.

If probation is a sentencing option, the judge will consider a number of factors when deciding whether to sentence a defendant to probation or jail or prison time. For example, the judge may look at the nature of the crime and the defendant’s prior criminal record.

What should you do after being sentenced to probation?

Defendants who are sentenced to probation should report to the Probation Office right away. At the Probation Office, you will be asked to fill out forms and will then be given your probation officer’s information. The probation officer will go over all of the terms of your probation with you.

What are the terms of probation?

Everyone who is on probation must comply with certain rules that are set by the court. The terms of probation will vary on a case-by-case basis, but some of the most common ones include:

  • Reporting to a probation officer on a regular basis
  • Avoiding drug or alcohol use
  • Paying court fees and restitution to the victim
  • Completing community service hours
  • Not engaging in any criminal activity

It’s important to understand which terms you are expected to comply with so you do not accidentally violate any of them. A violation could result in your probation being extended or revoked, which means you could be sent to jail or prison.

What are the benefits of probation?

Defendants who are sentenced to probation can continue working, earning money, and spending time with loved ones as long as they comply with the terms of their probation. Being on probation may not be ideal, but it’s much better than being behind bars.

Have you been charged with a crime? Get in touch with Reisch Law Firm as soon as possible. Our experienced criminal defense attorneys will aggressively defend your rights through every step of the legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How Social Media Can Affect Your Criminal Case

How Social Media Can Affect Your Criminal Case

Law enforcement officers can use many different types of evidence against you in court, including evidence obtained from social media. In fact, posts, photos, check-ins, and tags on social media can all be used to prove that you committed a crime. How? Here are some of the ways social media can affect your criminal case:


Do you have any incriminating photos on your social media pages? Even if you didn’t post the photos, it’s possible that you have been tagged in an incriminating photo by someone else. For example, the state may use pictures of you smoking marijuana or posing with drug paraphernalia in the background as evidence if you are being charged with drug possession.


Facebook and other social media platforms allow you to check-in to a location so you can share what you’re doing with all of your friends. It may seem harmless to check into a bar or restaurant when you’re out celebrating with friends, but what if you are pulled over later for DUI? The fact that there is proof you were at a bar prior to being arrested will not work in your favor.

A check-in can also be used to show that you were in the area where the crime was committed. For instance, law enforcement may find it suspicious that you were located just a few blocks away from a home that was burglarized. This won’t be enough to prove their case, but it can be used to place you near the scene of the crime.


The things you post on social media can also be used against you in a criminal case. For instance, let’s say you are charged with first degree assault, which means you intentionally caused bodily injury to another person. Your criminal defense attorney could argue that you did not intend on hurting anyone, so you should be charged with third degree assault instead of first degree assault. However, if you posted something on social media about wanting to hurt the victim, this can be used to prove intent.

Don’t let social media affect the outcome of your case. Let your attorney look through your social media pages to determine if there are any posts or photos that could be used against you. An experienced attorney will be able to advise you on how to prevent social media evidence from hurting your case.

Have you been charged with a crime? Let the criminal defense attorneys at Reisch Law Firm guide you through the process. We will offer you advice every step of the way to ensure you don’t make any mistakes that could impact your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Defense Strategies Used by Criminal Defense Attorneys

Common Defense Strategies Used by Criminal Defense Attorneys

Being charged with a crime can be terrifying, but it’s important to remember that a charge does not always lead to a conviction. The criminal defense attorney that you choose to represent you will review the details of your case and form an effective defense strategy. The strategy that your attorney uses will depend on the nature of the crime and the evidence that is being used against you. To get a better idea of what to expect, take a look at these common defense strategies used by criminal defense attorneys:


A self-defense strategy may be appropriate in some cases. For example, if a defendant is facing assault charges, an attorney may be able to prove that the defendant injured the victim in order to protect himself from harm. The defendant cannot be convicted of a crime if it can be proven that his actions were only taken to protect himself.


Consent strategies are often used in cases involving sex crimes. Defendants that are being accused of forcing the victim to engage in sexual intercourse may be able to prove that the victim consented to the activity. This can be difficult to prove because it often turns into a “he said, she said” argument, but it may be an appropriate strategy for your case.


The alibi defense strategy is frequently used by criminal defense attorneys. An alibi defense involves proving that the defendant could not have committed the crime because he was nowhere near the scene when it occurred. For instance, a defendant’s employer may serve as an alibi if he is willing to testify under oath that the defendant was at work when the crime was committed. This is mainly used in property or violent crimes such as burglary, assault, and murder.

Coercion and Duress

A criminal defense attorney can also argue that the defendant was forced to commit the crime against his will. For example, let’s say someone tells a defendant that he must rob a convenient store or else the defendant’s spouse will be hurt. This threat of force against the defendant’s spouse is enough to show that the defendant had no choice but to commit the crime.

These are just some of the many defense strategies that can be used in a criminal case. To discuss an appropriate defense strategy for your case, get in touch with the criminal defense attorneys at Reisch Law Firm today. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is an Arraignment?

What is an Arraignment?

A criminal case typically begins with an arrest, which occurs when a law enforcement officer takes someone into custody. There are many steps in the criminal case process after an arrest, including the arraignment, which is the first time the defendant will appear in court. What is an arraignment? Here’s what you need to know:

Criminal Charges

The arraignment is the first time that you will hear which criminal charges have been filed against you. It’s important to have a criminal defense attorney with you at the arraignment so he can ensure you understand the charges.

Defense Attorney

If you do not have an attorney present, the judge will ask whether or not you have already retained an attorney. If you cannot afford to hire an attorney, notify the judge during your arraignment.


After reading the criminal charges, the judge will ask the defendant how he would like to plead. Defendants can plead not guilty, guilty, or no contest. If you plead guilty or no contest, a criminal conviction will go on your record and you will be sentenced for the crimes. If you plead not guilty, the case will eventually go to trial.

The plea that you enter could significantly impact the rest of your life, so don’t make this decision alone. Talk to an attorney about your options before entering a plea so you know you are making the right choice.


The arraignment is also where the issue of bail will be discussed. The judge can choose to set a bail amount, release the defendant on his own recognizance, or keep the defendant in custody. The judge will only deny bail and keep the defendant in custody if he is considered a danger to the community or a flight risk. If you are being denied bail, an attorney may be able to help by proving you have ties to the community and are not violent in nature.

Future Dates

The judge will also go over the next steps in your criminal case during the arraignment. He may schedule the preliminary hearing at this time so both parties are aware of the date.

Have you been charged with a crime? The criminal defense attorneys at Reisch Law Firm will defend your rights and fight for your freedom throughout the entire legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are Mandatory Minimum Sentencing Laws?

What Are Mandatory Minimum Sentencing Laws?

One of the first things that defendants want to know after being charged with a crime is the possible penalties that they will face if convicted. Because of this, every defendant in the state of Colorado should know about mandatory minimum sentencing laws.

The Role of the Judge

If a defendant is convicted of a crime, he will go to the sentencing phase of his trial. In most cases, the judge presiding over the case will reference the sentencing guidelines when deciding how to punish the defendant. Sentencing guidelines offer judges suggestions on how to sentence defendants that are convicted of certain crimes. For example, the DUI sentencing guidelines state that a first-time offender should receive between 5 days to 1 year behind bars, up to 2 years of probation, and a fine between $600-$1,000.

A judge would reference these guidelines when deciding how to sentence a first time DUI offender. If this is the first time the defendant has been arrested and he has shown remorse for the crime, the judge may decide to let him off with a few months of probation and the minimum fine. Sometimes, the judge even gives the defendant a lighter sentence than what is recommended in the guidelines.

How Mandatory Minimum Sentencing Laws Affect Your Case

Judges do not have as much power when mandatory minimum sentencing laws apply to your case. If a crime has a mandatory minimum sentence, the judge must comply with this law. For example, let’s say a defendant is convicted of DUI for the second time in five years. The law states that defendants with two DUI convictions on their records must spend a minimum of 10 days in jail. This means the judge has no choice but to sentence this defendant to at least 10 days in jail—even if he believes that the defendant deserves a lighter sentence.

Which Laws Have Mandatory Minimum Sentences?

There are many state and federal laws with mandatory minimum sentences, but these sentences most often affect repeat offenders. Colorado’s habitual offender law imposes mandatory minimum sentences on anyone who has repeated multiple felonies. For example, a defendant who has four felony convictions on his record and is convicted of a violent felony will face a mandatory life sentence without parole for at least 40 years. Of course, not all mandatory minimum sentences are this extreme.

If you have been charged a crime, seek legal representation from a criminal defense attorney at once. The criminal defense attorneys at Reisch Law Firm will work tirelessly to reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is a No Contest Plea?

What is a No Contest Plea?

Everyone knows that a criminal defendant can plead guilty or not guilty, but many people are not familiar with the third option of pleading no contest. A defendant who enters a no contest plea is not admitting that he committed the crime, but rather acknowledging that he does not contest the charges. Basically, pleading no contest is a way of telling the court that you admit the facts in the indictment are true, but you do not admit guilt. How is this any different from pleading guilty? When should you plead no contest? Here’s everything you need to know:

No Contest vs. Guilty Pleas

Defendants who plead no contest will be treated in the same manner as defendants who plead guilty. They will have criminal convictions on their records and will be sentenced by the judge. The main difference between the two pleas is a defendant who pleads no contest is not admitting guilt. This may not seem like much, but it is incredibly beneficial for defendants who may face civil cases in the future.

For example, let’s say a man is driving while under the influence of alcohol and crashes into another vehicle, injuring the driver inside. An officer arrives at the scene shortly after the crash and charges the man with DUI. In this scenario, the man may face a criminal case for violating the law and a civil case for injuring the other driver. If he pleads guilty, the injured driver can use this against him in the civil case. But if he pleads no contest, the injured driver may have a harder time proving he was intoxicated and negligent at the time of the crash.

When to Plead No Contest

It’s strongly recommended that you do not enter a plea without talking to a criminal defense attorney first. If you are asked to plead no contest as part of a plea deal, do not agree to do so before talking about your options with an attorney. Many people think that pleading no contest will help them avoid some of the potential penalties of a criminal conviction, but that’s not the case. It’s important to understand the consequences of pleading no contest and how they will affect your future before making this decision.

If you are facing criminal charges, seek legal representation from the criminal defense attorneys at Reisch Law Firm today. We will thoroughly review the details of your case and help you make the best decisions for your future. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Most Difficult Criminal Charges to Defend

The Most Difficult Criminal Charges to Defend

Every criminal case has its own unique challenges, but there are some criminal charges that are typically more difficult to defend than others. It’s in your best interest to learn which criminal charges are the most difficult to defend so you understand the importance of finding an experienced attorney if you ever face one of these charges.

First Degree Murder

First degree murder is by far the most serious criminal charge that anyone can face in the state of Colorado. Although every murder charge is serious, first degree murder carries the most severe penalties. This is because it involves premeditation, meaning the defendant is accused of planning the murder of his victim in advance.

First degree murder cases can be challenging because of the amount of evidence that may be submitted to the court. Attorneys will most likely need to hire experts that can help them poke holes in the prosecution’s case and get their clients off the hook.

Finding an attorney to defend you can also be difficult because most attorneys have no experience with first degree murder cases. However, criminal defense attorney Scott Reisch has won four separate cases for clients facing first degree murder charges, which is practically unheard of. In each of these four cases, Mr. Reisch’s clients were acquitted of every single charge that was filed against them, including first degree murder. Based on his experience, it’s clear that Mr. Reisch is the best attorney to represent clients that are facing these serious charges.

Crimes Against Children

It can also be difficult to defend clients that are accused of committing crimes against children. Why? These cases can be very emotional since they involve young victims and the prosecutor will play into the emotional aspect of the case. As a result, the jury may find it hard to put their feelings aside to give the defendant a fair chance.

White Collar Crimes

White collar crimes such as fraud and embezzlement can also be more challenging to defend than others. This is because investigations into these crimes are usually incredibly thorough, which means there will be a lot of evidence to analyze. The evidence is typically difficult for jurors to understand because it is financial in nature. This means your criminal defense attorney must find a way to simplify it in order to win your case.

Have you been charged with a crime? If so, contact a criminal defense attorney at Reisch Law Firm right away. Our criminal defense attorneys have the experience and legal resources to take on any type of criminal case, regardless of the complexity. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.