As criminal defense attorneys serving clients in Denver, Broomfield, and Adams County, Colorado, there is nothing more frustrating than dealing with an unreasonable prosecutor. Recently, we have had a few cases involving charges of Prohibited Use of Weapons (C.R.S. 18-12-106) and Criminal Mischief (C.R.S. 18-4-501), in which we have been able to give the Deputy District Attorneys overwhelming evidence why we would win if the case went to a jury trial. Instead of doing what is in the best interest of justice and dismissing the case, these prosecutors are forcing our clients to either plead to something they didn't do or go through the arduous process of taking the case to trial.
While these cases are certainly winnable with a jury trial, these types of situations illustrate how broken and unjust our criminal justice system can be. When a person is accused of a crime, no matter how false the accusations are, the government holds all the power and can force an innocent person to go through the entire process. While some prosecutors are reasonable, many Deputy District Attorneys in Weld, Douglas, and Arapahoe County will not dismiss a case up front, because they are afraid of looking like they are "soft on crime" to their bosses. Prosecutors handle hundreds of cases a year, and to them, each person who passes through the system is just another guilty criminal defendant. What they fail to realize is that there are consequences to forcing people into a trial. Going to trial can drag out a case for months, is costly, and can cause a lot of anxiety for the accused. Shouldn't they put justice ahead of their career concerns?
Just because you have been charged with a crime by the Denver, Aurora, or Thornton police, doesn't mean you are guilty. In fact, legally, you are presumed innocent and always have a jury trial option to prove your innocence. However, you may feel that you have already been presumed guilty as you go through the system. Do not walk into a courtroom feeling alone, powerless, and vulnerable. You need a dedicated criminal defense attorney to stand by your side. At the O'Malley Law Office, we will do everything possible to maintain your presumption of innocence, fight for the dismissal of unfounded charges, and zealously defend you at trial. So, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.