Weld County prosecution teams decide how to charge people accused of crimes like Harassment (CRS 18-9-111), Theft (CRS 18-4-401), or Sexual Assault (CRS 18-3-402) in Greeley, Eaton, Hudson, and Platteville. There are many strategies that prosecutors use and different approaches they take when deciding to press charges for crimes of violence. As we follow the court process in the James Holmes case, the prosecution has revealed that they are determined to be as harsh as possible in charging Holmes.
Without trying to detract from the seriousness of Holmes’ crime or excuse his behavior, it is important to understand how prosecutors and district attorneys think when they decide to file charges after an arrest, especially for much lesser crimes common people are involved with in Weld County cities like Eaton, Erie, and Milliken.
The prosecution has decided to charge Holmes with 12 counts of premeditated murder in the first degree and 12 counts of murder in the first degree with extreme indifference to the value of human life. This applies to the 12 people that were killed in the theater. They have also charged him with 58 counts of attempted premeditated murder in the first degree and attempted murder in the first degree with extreme indifference to the value of human life, which accounts for the 58 people injured in the attack.
The District Attorney’s office strategy may seem difficult to understand, but experienced criminal defense lawyers recognize that these types of charges will provide the prosecution with the best chance of getting the most “guilty” verdicts. They only need to prove Holmes acted with extreme indifference or that there was premeditation involved and they will still get a guilty verdict. They do not need to prove all the counts for Holmes to be convicted of 12 counts of murder in the first degree charges and 58 counts of attempted murder in the first degree.
At our criminal defense law firm, we seek to see justice done. Prosecutors often have different motivations. Holmes’ case aside, prosecutors in Weld County will overcharge defendants in an attempt to stick them with the most serious charges possible, the most jail time possible, and come out looking as good as possible. Never talk to police, as anything you say “can and will be used against you in a court of law.” Even trying to “talk you way out of it” gives the prosecution more material to work with when they are deciding what charges to file.
There are many sentence enhancers that can be added to felony and misdemeanor crimes to increase the punishment. If you charged with a crime in Weld County, be smart, exercise your right to remain silent, and contact the experienced criminal defense lawyers practicing in Weld County at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.