Common Legal Terms Used by the District Attorney in Greeley

 Below is a list of common terms you may hear in the courtroom used by the district attorneys, public defenders, and criminal defense attorneys.  

Who is the District Attorney?

The Weld County District Attorney is a very important person. They are an elected government official who oversees the criminal prosecution of crimes occurring in cities like Greeley, Keenesburg, or Milliken , and throughout Weld County. They work closely with the police and sheriff to investigate cases, press criminal charges, and prosecute defendants. Defendants are the people who are accused of committing a crime.

What Does It Mean to Be Charged with a Crime?

A charge is the type of crime the district attorney decides to accuse the defendant of. Being charged with trespassing, for example, means that the District Attorney is accusing you of the crime of trespassing, and you will face the punishment that comes with pleading guilty or being convicted of the crime of trespassing. If you have been arrested, or received a ticket or summons to appear in court, it means you have been charged with a crime.

Crime Classifications

There are three main crime classifications: Felony, Misdemeanor, and Petty Offense.

Felony

A felony crime is the most serious of the three types of crimes and is punishable by prison time in the Department of Corrections (DOC) for at least a year upon conviction or a guilty plea.

Misdemeanor

A misdemeanor crime is less serious than a felony and is punished less harshly with a sentence of up to twenty-four months in the Weld County Jail.

Petty Offense

A petty offense is the least serious of the three different types of crime classifications, but may require up to six months in jail or a fine of up to five hundred dollars.

What is a Plea?

A plea is how a defendant responds to the charges, whether felony, misdemeanor, or petty offense. A plea of “guilty” means that the person is agreeing with the district attorney regarding the charges and is agreeing to subject themselves to the punishment that is required. A “not guilty” plea means that the person believes they did not commit the crime they are being charged with and is willing to go to trial to prove their innocence to a court and jury. “Not guilty by reason of insanity” is a difficult plea to prove, especially with Colorado’s insanity statue. If a person pleas “not guilty by reason of insanity” they must have a provable mental condition which prohibited them from knowing right from wrong at the time when they committed the crime. With this plea, they admit they committed the offense, but did not understand what they were doing.

What is a Plea Disposition?

When the District Attorney and the defendant, or the defendant’s attorney, reach an agreement about how to proceed with charges of crimes, it is called a Plea Disposition . This is done to keep the case from going to trial, where the risk of losing is avoided by both the prosecution and defense. To avoid the risk of a loss, sometimes the district attorney will give the defendant the opportunity to plead guilty to another lesser charge in exchange for dropping the more serious charge. This is called plea bargaining.

What is the Burden of Proof?

The prosecutor has to prove to a jury or court that the accused person committed the crime they are charged with beyond a reasonable doubt.

Terms Related to Punishment

Sentence

How a judge decides to punish the defendant who has plead guilty to or been convicted of a felony, misdemeanor, or petty offense.

Parole

When a person is released from a sentence in prison but have their lives supervised by the state under a parole officer.

Probation

A program run by the state to give an option for a defendant to stay in the community instead of being incarcerated. The person is supervised by the Weld County probation department and will report to a probation officer. If the terms of probation are violated, then prison or jail time may be imposed.

Restitution

Part of the punishment after a person pleads guilty or is convicted of a crime is restitution. Restitution is money that the judge orders to be paid to the victims of a crime to cover their monetary losses.