What to Do When Accused of a Crime in Colorado: A Step-by-Step Legal Guide

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What to Do When Accused of a Crime in Colorado: A Step-by-Step Legal Guide

Being investigated for a crime is terrifying.  The lack of control you may feel is unbelievable and can cause you to stumble or inadvertently make mistakes that might put you in a bad tactical position.

The strategic decisions you make while under investigation for a crime have the potential to be critical in the direction the case ultimately goes. 

If you or a loved one are being investigated for a crime in Colorado, you will want to contact an experienced criminal defense lawyer to walk you through the process and avoid any mistakes.  

Mr. Merson is a highly rated and experienced Colorado defense attorney that is committed to providing you with high quality legal representation.  He has been practicing criminal defense for over 20 years. Call today to set up a free consultation. 


Step 1: Do Not Panic — But Take It Seriously

It’s natural to feel overwhelmed. However, remaining calm and thinking clearly is critical.

An accusation is not the same as a conviction — but what you say and do early on can affect the outcome of your case:

  • Avoid discussing your case with anyone except a lawyer.
  • Don’t post about it on social media.
  • Don’t try to “clear your name” with police or the accuser.​

Step 2: Understand the Type of Accusation

Criminal accusations in Colorado can come in several forms:

  • Misdemeanors: Less serious offenses (e.g., petty theft, DUI, simple assault)
  • Felonies: More serious crimes (e.g., robbery, drug distribution, sexual assault)
  • Summons/Citations: For lower-level charges, you might receive a notice to appear in court without being arrested.
  • Arrest Warrants: If police have a warrant, they can arrest you immediately.

Knowing what type of case you’re facing can help you and your attorney prepare appropriately.

Step 3: Invoke Your Right to Remain Silent

If approached by law enforcement, you have the right to remain silent. Anything you say can and will be used against you in court.

  • Politely decline to answer questions.
  • Say: “I wish to remain silent and I want to speak with an attorney.”
  • Do not lie to law enforcement — this can be charged as a separate crime.

Step 4: Contact a Criminal Defense Attorney Immediately

One of the most important steps you can take is to hire an experienced Colorado criminal defense lawyer as early as possible.

They can:

  • Protect your rights
  • Represent you during interrogations
  • Help you understand charges and possible penalties
  • Begin investigating and building your defense

If you cannot afford a lawyer, you may be entitled to a public defender.

Step 5: Do Not Talk to Witnesses or the Alleged Victim

Trying to “clear things up” with the alleged victim or witnesses can backfire badly.

It may lead to:

  • Additional criminal charges (e.g., witness tampering or harassment)
  • Evidence being used against you in court
    Let your attorney handle all communication on your behalf.

Step 6: Preserve Evidence and Gather Information

If you have evidence that could help your case — texts, emails, surveillance footage, receipts, or photos — save it immediately.

Write down everything you remember about the incident, including:

  • Dates and times
  • Names of witnesses
  • Location details

Share this with your attorney — not with police or the public.

Step 7: Attend All Court Hearings

In Colorado, failing to appear in court can lead to:

  • A bench warrant for your arrest
  • Additional criminal charges
  • Bond being revoked or increased

Take every court appearance seriously, dress professionally, and follow your attorney’s advice.

Step 8: Follow Bond Conditions and Court Orders

If you’re released on bond (bail), there may be strict conditions such as:

  • No contact with the alleged victim
  • Travel restrictions
  • Drug or alcohol testing
    Violating these terms can land you back in jail and hurt your case.

Step 9: Explore Your Legal Options

Depending on the nature of your case, your attorney may explore:

  • Pretrial diversion (for first-time or low-level offenses)
  • Plea negotiations
  • Dismissal of charges
  • Trial strategy

Colorado courts also have specialized programs, such as drug court or mental health court, that may offer alternatives to jail time.

Step 10: Protect Your Record and Future

A criminal conviction can affect:

  • Employment
  • Housing
  • Immigration status
  • Gun rights
  • Custody and family law matters

If charges are dropped or dismissed, you may be eligible to seal your record under Colorado law. Talk to your attorney about sealing or expunging your record once your case is resolved.

Being accused of a crime in Colorado is serious — but it’s not the end of the road. By acting quickly, remaining silent, and getting qualified legal representation, you can protect your rights and improve your chances of a favorable outcome.

​You Will Need An Experienced Criminal Defense Attorney

If you have been accused of a crime in Boulder and your future is in jeopardy, do not go into the fight without an experienced advocate.  Choosing an experienced lawyer is the best decision you can make early on in your case. To schedule a free consultation, contact The Merson Law Office. We provide criminal defense services to Longmont, Boulder, Fort Collins, Adams County, Weld County, Berthoud, Erie, Firestone, Frederick, Lyons, Mead, Niwot, and Dacono

Call our office at (970) 219-2923. Or fill out an intake form here

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James Merson

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