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Criminal Law: Mitigation in Plea Negotiations

1/2/2020

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If you are facing criminal charges, you likely will be working with a criminal defense attorney. Sometimes, a client will choose to plead guilty in exchange for a plea offer.
Often, a defense attorney will reach out to the prosecutor to see if there is an offer in the case. The prosecutor has very little information about the client as a person or his life experience. 
It is very helpful for a client to provide mitigating information to his or her attorney. For example, if a client is charged with a drug offense, it is very helpful to present evidence of drug treatment and rehabilitation to the prosecutor. 
If you are working with a defense attorney in an effort to secure a favorable plea offer from the prosecutor, consider providing information about your mental health status, employment history, information about your children or other relatives for whom you are responsible.
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Penalties for Misdemeanors in Colorado

1/2/2020

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It is important to understand the possible penalties if you find yourself charged with a crime in Colorado.

In general, there are three levels of misdemeanors in Colorado. There are first, second, and third degree misdemeanors. There are different punishment ranges for drug misdemeanors and certain extraordinary risk crimes. A heightened punishment may be imposed if a person has committed certain misdemeanors in the past (for example, a second conviction for violation of protection order can carry a longer sentence than the first conviction). 

The most serious misdemeanor, a first degree misdemeanor, carries a potential penalty of 6-18 months in jail. A second degree misdemeanor could result in 3-12 months in jail. Whereas a third degree misdemeanor could mean up to 6 months in jail. A person may also face fines and court costs if convicted of a misdemeanor.

It is important to speak with a criminal defense attorney before pleading guilty to any criminal charge, even if it is a misdemeanor. 

Padilla Law's main office is in Montezuma County, Colorado and we are accepting new criminal defense cases.



​Cortez, Mancos, Dolores, criminal defense. 
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    Padilla Law, P.C.

    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

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