Colorado Office of the Alternate Defense Counsel

FAQs

What is the Alternate Defense Counsel (ADC)?

The Office of the Alternate Defense Counsel (ADC) is a Colorado state agency that provides legal representation to people who cannot afford an attorney in criminal and juvenile delinquency cases when the office of the state public defender has a conflict of interest.
The ADC contracts with private attorneys across Colorado to represent clients in these specific situations. We do not employ attorneys directly; instead, we maintain a network of qualified contract attorneys who are appointed by the court to handle conflict cases.

General Questions

FOR GENERAL QUESTIONS REGARDING THE AGENCY:

Contact us by email or call 720-994-2840.

You can find our staff listing here: ADC Staff Listing

Contractor Questions

Please log in and check the FAQs in the top menu

Lost Credentials

IF YOU HAVE FORGOTTEN YOUR USERNAME OR PASSWORD CREDENTIALS:

Please see the password reset page here: Forgotten Username/Password Help

What resources does ADC offer to clients?

Information for Alternate Defense Counsel Clients

This information is for educational purposes only and does not constitute legal advice. Always consult with your assigned attorney for specific guidance about your case. Every case is unique, and the law varies by jurisdiction.

What is Conflict Counsel?

When the Office of the State Public Defender (OSPD) has a conflict of interest (such as representing multiple clients in the same case), it cannot represent all parties. In these situations, the court appoints “conflict counsel” – private attorneys who are contracted to handle cases when the public defender cannot represent you.  The Office of the Alternate Defense Counsel (ADC) is the state agency responsible for contracting with private attorneys and defense team members.

Your Right to an Attorney

Under the Sixth Amendment to the U.S. Constitution, you have the right to legal representation if you cannot afford an attorney. This applies to any case where you face jail time.

Your Constitutional Rights Include:

  • Right to remain silent: You don’t have to answer questions or make statements to law enforcement.
  • Right to an attorney: You can have a lawyer present during questioning by police.
  • Right to a speedy trial: Your case must be resolved within a reasonable time.
  • Right to confront witnesses: You (your attorney) can cross-examine witnesses who testify against you.
  • Right to a jury trial: In most cases, you can demand a jury trial.
  • Presumption of innocence: You are innocent unless proven guilty beyond a reasonable doubt.

During Police Contact

  • You have the right to remain silent – USE THIS RIGHT.
  • Clearly state: “I want to speak to an attorney.”
  • Do not consent to searches of your person, vehicle, or home.
  • Always stay calm and respectful.
  • Do not resist, even if you believe the arrest is wrong.
  • If you are not sure if you’re detained, ask, “Am I free to leave?”

In Court     

  • Show respect for the court process and all participants. We know the system can be frustrating, but it is the best way to move forward.
  • Stand when the judge enters the courtroom or addresses you directly.
  • Speak only when asked a direct question by the judge.
  • Let your attorney do the talking – do not interrupt or speak out.
  • Turn off your cell phone before entering the courtroom.
  • Dress appropriately and arrive on time for all hearings.

With Your Attorney

  • Be honest – attorney-client privilege protects your communications.
  • Ask questions if you don’t understand something about your case.
  • Follow your attorney’s advice and legal strategy.
  • Keep your attorney informed of any address or phone number changes.
  • Don’t discuss your case details with anyone else, including family.
  • Attend all scheduled meetings and appointments.
  • If you know you are missing an appointment, meeting, or court date, tell your attorney as soon as possible.
  • STAY CALM AND BE RESPECTFUL to all law enforcement officers.
  • CLEARLY STATE: “I want to speak to my attorney,” and “I am invoking my right to remain silent.”
  • DO NOT ANSWER QUESTIONS without your attorney present, no matter how minor they seem.
  • DO NOT SIGN ANY DOCUMENTS without your attorney’s advice and presence.
  • CONTACT YOUR ATTORNEY as soon as you are allowed to make phone calls.
  • DO NOT DISCUSS YOUR CASE with other inmates, as these conversations are not private or protected.
  • DO NOT RESIST ARREST even if you believe it is unfair or based on false information.
  • CONTACT YOUR ATTORNEY IMMEDIATELY – even if the court has already occurred.
  • DO NOT IGNORE THE SITUATION – warrants and additional charges will not go away.
  • BE PREPARED TO EXPLAIN the reason for your absence with documentation if possible.
  • YOUR ATTORNEY MAY BE ABLE TO: Contact the court to explain your absence, request to recall of any warrant issued, or schedule a new court date.

Felonies

  • Definition: Serious crimes punishable by more than one year in prison.
  • Examples: Burglary, assault with a weapon, drug trafficking, theft over $500 (varies by state), domestic violence with injury, DUI with multiple prior offenses.

Misdemeanors

  • Definition: Less serious crimes that are punishable by jail time under a year or less severe sentences, fines, and fees.
  • Examples: Simple assault, simple domestic violence assault, petty theft, public intoxication, trespassing, minor drug possession

Arrest/Citation – You are taken into custody or issued a citation to appear in court. If arrested, you are generally read your Miranda (constitutional) rights. These include having an attorney present during questioning. Ask for an attorney immediately and exercise your right to remain silent. That means telling the police you do not want to answer their questions.

First Appearance/Advisement – You appear before a judge within 24-48 hours if in custody (longer if arrested on weekends). The judge informs you of the charges and your rights. Bond may be set.

Attorney Appointment – If you are in custody, the judge will appoint the public defender, or if they have a conflict of interest, the court will appoint conflict counsel to represent you. If you are released from custody or not held, you will have to fill out paperwork applying for defense counsel if you cannot afford to hire an attorney.

Discovery Phase – Your attorney reviews all evidence against you, including police reports, witness statements, physical evidence, and any video and recorded statements. This process may take several weeks or months, depending on the complexity of the case.

Pre-trial Motions – Your attorney may file motions to suppress illegally obtained evidence, motions seeking dismissal of charges based on legal defects, or motions to address other procedural issues before trial.

Plea Negotiations – Most cases (over 95%) are resolved through plea negotiations rather than trial. If you accept a plea, you plead guilty to one or more of the charges against you; usually, these will be lower than the highest charge or in exchange for a sentence that is less than the most severe sentence. Your attorney will discuss any plea offers with you, but the final decision about whether to accept a plea is always yours to make.

Trial or Plea Entry – If no plea agreement is reached, your case goes to trial. You can choose a jury trial (usually 6 or 12 jurors) or a bench trial (judge only). If you accept a plea, you’ll enter a guilty plea before the judge on some or all of the charges against you.

Sentencing – If convicted or if you plead guilty/no contest, the judge imposes a sentence. This may include jail/prison time, fines, probation, community service, restitution to victims, or other conditions.

Arraignment – When you enter a plea of guilty, not guilty, or no contest.

Bond – The court decides whether to release a person with a “personal recognizance” bond, money, or property pledged to the court to secure your release from jail while the case is pending. A person recognizance bond (PR) will have conditions imposed by the court. A bond can also be with money or property that you or your family have or purchased from a bondsman for a percentage of the total bail amount. The court can also order an ankle monitor, which is paid for by the client.

Bond Hearing – A judge hears information about the charges and the person before deciding whether to release someone with no financial hold, which is called a “Personal Recognizance” or PR bond, which will typically have conditions, or if they are issuing a monetary hold and setting the amount of the bond.

Beyond a Reasonable Doubt – The standard of proof required for criminal conviction – the prosecution must prove your guilt to such a degree that a reasonable person would not hesitate to rely upon it. This is the highest standard of proof in law.

Collateral Consequences – These are the lifelong consequences that result from a conviction, beyond the court-imposed sentence, fines, and fees. These are more serious for felony convictions, but they can still affect you regardless of the severity of your conviction. These include, but are not limited to, no contact orders, temporary loss of voting rights, difficulty finding employment or housing, loss of firearm rights, immigration application or status change, and possible deportation, loss of civil rights, loss of driving rights, loss of access to higher education, loss of federal benefits including student loans, and family separation. Please speak to your lawyer about any concerns you have about collateral consequences at the outset of your case.

Discovery – The legal process where both prosecution and defense exchange evidence and information before trial, including witness lists, physical evidence, and expert reports.

Felony – A crime punishable by more than one year in prison. Felony convictions can result in loss of voting rights, gun ownership rights, and other civil disabilities (see collateral consequences.

Grand Jury – A group of 16-23 citizens who determine whether there is probable cause to formally charge someone with a felony by issuing an indictment. In Colorado, grand juries are usually convened for more serious conspiracy charges.

Indictment – A formal charge issued by a grand jury in felony cases, stating that there is probable cause to believe you committed the alleged crime.

Miranda Rights – Your constitutional rights that police must read to you before a custodial interrogation – the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in court.

Misdemeanor – A crime punishable by up to one year in jail (not prison) and/or fines.

No Contest (Nolo Contendere) – A plea where you do not admit guilt but accept responsibility for the charge. It has the same effect as a guilty plea for criminal purposes but cannot be used against you in civil court.

Plea Bargain – An agreement between the prosecution and defense to resolve the case without trial, usually involving reduced charges or a lighter sentence in exchange for a guilty or no contest plea.

Preliminary Hearing – A court hearing to determine if a crime was committed and that you committed it. The judge decides whether there is enough evidence for the case to proceed to trial.

Probable Cause – A reasonable belief, based on facts and circumstances, that a crime was committed and that you committed it. This is the standard required for arrests, warrants and searches.

Probation – A sentence that allows you to remain in the community under court supervision instead of serving time in jail or prison, subject to specific conditions and oversight by a probation officer.

Subpoena – A legal document requiring someone to appear in court to testify as a witness or to produce documents or other evidence.

Suppression Motion – A request to the court to exclude evidence that was obtained illegally or in violation of your constitutional rights.

Warrant – A court order authorizing police to arrest you or search your property. Warrants must be based on probable cause and signed by a judge.

About Your Case and Legal Process

Q: What’s the difference between a public defender and conflict counsel?

A: Both provide free legal representation to qualifying clients. A public defender is a government employee who works full-time defending indigent clients. Conflict counsel is a private attorney appointed by the court when the public defender’s office has a conflict of interest, such as when they’re already representing another client in the same case, or when they previously represented a victim or witness.

Q: How long will my case take to resolve?

A: Case timelines vary greatly depending on several factors: the complexity of charges, court schedules, whether you go to trial, and the availability of witnesses and evidence. Simple misdemeanors may be resolved in a few weeks to several months, while complex felonies can take a year or more. Cases that go to trial typically take longer than those resolved through plea agreements.

Q: Can I choose my attorney if I qualify for appointed counsel?

A: Generally, no. When you qualify for appointed counsel, the court assigns your attorney based on its appointment system. However, if there are serious personality conflicts, communication problems, or ethical issues, you can request a different attorney. The court is not required to grant this request, but may do so in appropriate circumstances.

Q: What happens if I can’t make it to court?

A: You MUST appear for all scheduled court dates unless specifically excused by the judge. Missing a court appearance can result in a bench warrant being issued for your arrest and additional charges for failure to appear. If you have a genuine emergency, contact your attorney immediately to request a continuance before your court date.

Q: Should I accept the first plea offer from the prosecutor?

A: Not necessarily. Speak with your attorney. Plea negotiations often involve multiple offers and counteroffers over time. Your attorney will review all evidence, assess the strength of the prosecutor’s case, and advise you whether a particular offer is reasonable. While the final decision is always yours, you should carefully consider your attorney’s professional assessment before deciding.

 

Q: What are the possible consequences if I’m convicted?

A: Consequences depend on the specific charges, your criminal history, and state laws. Possible penalties include jail or prison time, fines, probation, community service, restitution to victims, loss of driving privileges, and, for felonies, loss of voting rights and firearm ownership rights. Your attorney can explain the potential penalties specific to your charges.

About Bail and Release

Q: How do judges determine bail amounts?

A: Judges consider multiple factors: the severity of the charges, your criminal history, ties to the community (such as employment, family, and residence), perceived flight risk, and potential danger to the public. Some jurisdictions use bail schedules with preset amounts for certain offenses, while others allow greater judicial discretion.

Q: What options do I have if I can’t afford the bail amount?

A: You can request a bail reduction hearing through your attorney. Some jurisdictions have pretrial release programs that may allow release on your own recognizance or with minimal payment. You might also be eligible for supervised release with conditions like check-ins with pretrial services.

Working with Your Attorney

Q: How often should I expect to hear from my attorney?

A: Communication frequency varies based on case complexity and the current stage of proceedings. Your attorney should keep you informed of major developments, court dates, and plea offers. However, they may not contact you for routine procedural matters. Don’t hesitate to call with questions, but understand that your attorney may be handling many cases.

Q: Can I contact the prosecutor directly about my case?

A: No. Once you have an attorney, all communication about your case must go through them. Direct contact with the prosecutor could harm your case and may violate legal ethical rules. If you want to communicate something to the prosecutor, tell your attorney; they will handle it appropriately.

 

Q: What should I bring when meeting with my attorney?

A: Bring any documents related to your case, including police reports, citations, bail paperwork, or correspondence from the court. Also bring a list of questions, information about potential witnesses, and details about your background that might be relevant to your defense or sentencing (employment history, education, family circumstances, community ties).

About Drug Cases and Treatment

Q: Will entering drug treatment help my case?

A: Possibly. Many courts view voluntary entry into treatment favorably, especially for drug-related offenses. Some jurisdictions have drug court programs that can result in reduced charges or alternative sentences for successful completion. However, discuss this with your attorney before enrolling, as treatment records may be used as evidence in certain circumstances.

Q: Can I be required to enter treatment as part of my sentence?

A: Yes. Courts can order treatment as a condition of probation, as part of a suspended sentence, or as an alternative to incarceration. Court-ordered treatment typically includes regular progress reports to the court and consequences for non-compliance.

About Domestic Violence Cases

Q: Can charges be dropped if the alleged victim doesn’t want to prosecute?

A: Not automatically. The prosecutor, not the victim, decides whether to file or dismiss charges. While victim cooperation affects the strength of the case, prosecutors can sometimes proceed with other evidence, such as police observations, photographs, medical records, or recorded statements.

Q: What is a no-contact order, and what does it mean?

A: A no-contact order is a court order prohibiting you from having any direct or indirect contact with the alleged victim. This includes phone calls, texts, emails, letters, social media contact, going to their home or workplace, or having others contact them on your behalf. Violation of this order constitutes a separate criminal offense.

 

About Probation and Sentencing

Q: What’s the difference between probation and parole?

A: Probation is a sentence served in the community instead of jail time, typically with conditions like reporting to a probation officer, community service, or treatment programs. Parole is supervised early release from prison after serving part of a prison sentence. Both involve following specific rules and reporting to a supervising officer.

Q: What happens if I violate the terms of my probation?

A: Probation violations can result in additional conditions, an extended probation period, or revocation of probation with imposition of the original jail or prison sentence. You have the right to a hearing to contest alleged violations. The standard of proof for probation violations is lower than for criminal convictions.

Financial Concerns

Q: Do I have to pay for my court-appointed attorney?

A: While representation is provided at no upfront cost, many jurisdictions charge administrative fees or may seek reimbursement if your financial situation improves significantly. You may also be responsible for other case-related costs such as court filing fees, expert witness fees, or investigation costs. If you are a child, you should not have to pay administrative fees.

  • Your Case Number
  • Your Attorney’s Name
  • Attorney Phone Number
  • Bail Bondsman (if used)
  • Next Court Date
    • Date
    • Time
    • Location
  • Court Information/Clerk
  • Probation Officer (if applicable)

What is a Conflict Counsel?

When the Office of the State Public Defender (OSPD) has a conflict of interest (such as representing multiple clients in the same case), it cannot represent all parties. In these situations, the court appoints “conflict counsel” – private attorneys who are contracted to handle cases when the public defender cannot represent you.  The Office of the Alternate Defense Counsel (ADC) is the state agency responsible for contracting with private attorneys and defense team members.

Your Right to an Attorney

Under the Sixth Amendment to the U.S. Constitution, you have the right to legal representation if you cannot afford an attorney. This applies to any case where you face jail time.

Your Constitutional Rights Include:

  • Right to remain silent: You don’t have to answer questions or make statements to law enforcement.
  • Right to an attorney: You can have a lawyer present during questioning by police.
  • Right to a speedy trial: Your case must be resolved within a reasonable time.
  • Right to confront witnesses: You (your attorney) can cross-examine witnesses who testify against you.
  • Right to a jury trial: In most cases, you can demand a jury trial.
  • Presumption of innocence: You are innocent unless proven guilty beyond a reasonable doubt.

During Police Contact

  • You have the right to remain silent – USE THIS RIGHT.
  • Clearly state: “I want to speak to an attorney.”
  • Do not consent to searches of your person, vehicle, or home.
  • Always stay calm and respectful.
  • Do not resist, even if you believe the arrest is wrong.
  • If you are not sure if you’re detained, ask, “Am I free to leave?”

In Court     

  • Show respect for the court process and all participants. We know the system can be frustrating, but it is the best way to move forward.
  • Stand when the judge enters the courtroom or addresses you directly.
  • Speak only when asked a direct question by the judge.
  • Let your attorney do the talking – do not interrupt or speak out.
  • Turn off your cell phone before entering the courtroom.
  • Dress appropriately and arrive on time for all hearings.

With Your Attorney

  • Be honest – attorney-client privilege protects your communications.
  • Ask questions if you don’t understand something about your case.
  • Follow your attorney’s advice and legal strategy.
  • Keep your attorney informed of any address or phone number changes.
  • Don’t discuss your case details with anyone else, including family.
  • Attend all scheduled meetings and appointments.
  • If you know you are missing an appointment, meeting, or court date, tell your attorney as soon as possible.
  • STAY CALM AND BE RESPECTFUL to all law enforcement officers.
  • CLEARLY STATE: “I want to speak to my attorney,” and “I am invoking my right to remain silent.”
  • DO NOT ANSWER QUESTIONS without your attorney present, no matter how minor they seem.
  • DO NOT SIGN ANY DOCUMENTS without your attorney’s advice and presence.
  • CONTACT YOUR ATTORNEY as soon as you are allowed to make phone calls.
  • DO NOT DISCUSS YOUR CASE with other inmates, as these conversations are not private or protected.
  • DO NOT RESIST ARREST even if you believe it is unfair or based on false information.
  • CONTACT YOUR ATTORNEY IMMEDIATELY – even if the court has already occurred.
  • DO NOT IGNORE THE SITUATION – warrants and additional charges will not go away.
  • BE PREPARED TO EXPLAIN the reason for your absence with documentation if possible.
  • YOUR ATTORNEY MAY BE ABLE TO: Contact the court to explain your absence, request to recall of any warrant issued, or schedule a new court date.

Felonies

  • Definition: Serious crimes punishable by more than one year in prison.
  • Examples: Burglary, assault with a weapon, drug trafficking, theft over $500 (varies by state), domestic violence with injury, DUI with multiple prior offenses.

Misdemeanors

  • Definition: Less serious crimes that are punishable by jail time under a year or less severe sentences, fines, and fees.
  • Examples: Simple assault, simple domestic violence assault, petty theft, public intoxication, trespassing, minor drug possession

Arrest/Citation – You are taken into custody or issued a citation to appear in court. If arrested, you are generally read your Miranda (constitutional) rights. These include having an attorney present during questioning. Ask for an attorney immediately and exercise your right to remain silent. That means telling the police you do not want to answer their questions.

First Appearance/Advisement – You appear before a judge within 24-48 hours if in custody (longer if arrested on weekends). The judge informs you of the charges and your rights. Bond may be set.

Attorney Appointment – If you are in custody, the judge will appoint the public defender, or if they have a conflict of interest, the court will appoint conflict counsel to represent you. If you are released from custody or not held, you will have to fill out paperwork applying for defense counsel if you cannot afford to hire an attorney.

Discovery Phase – Your attorney reviews all evidence against you, including police reports, witness statements, physical evidence, and any video and recorded statements. This process may take several weeks or months, depending on the complexity of the case.

Pre-trial Motions – Your attorney may file motions to suppress illegally obtained evidence, motions seeking dismissal of charges based on legal defects, or motions to address other procedural issues before trial.

Plea Negotiations – Most cases (over 95%) are resolved through plea negotiations rather than trial. If you accept a plea, you plead guilty to one or more of the charges against you; usually, these will be lower than the highest charge or in exchange for a sentence that is less than the most severe sentence. Your attorney will discuss any plea offers with you, but the final decision about whether to accept a plea is always yours to make.

Trial or Plea Entry – If no plea agreement is reached, your case goes to trial. You can choose a jury trial (usually 6 or 12 jurors) or a bench trial (judge only). If you accept a plea, you’ll enter a guilty plea before the judge on some or all of the charges against you.

Sentencing – If convicted or if you plead guilty/no contest, the judge imposes a sentence. This may include jail/prison time, fines, probation, community service, restitution to victims, or other conditions.

Arraignment – When you enter a plea of guilty, not guilty, or no contest.

Bond – The court decides whether to release a person with a “personal recognizance” bond, money, or property pledged to the court to secure your release from jail while the case is pending. A person recognizance bond (PR) will have conditions imposed by the court. A bond can also be with money or property that you or your family have or purchased from a bondsman for a percentage of the total bail amount. The court can also order an ankle monitor, which is paid for by the client.

Bond Hearing – A judge hears information about the charges and the person before deciding whether to release someone with no financial hold, which is called a “Personal Recognizance” or PR bond, which will typically have conditions, or if they are issuing a monetary hold and setting the amount of the bond.

Beyond a Reasonable Doubt – The standard of proof required for criminal conviction – the prosecution must prove your guilt to such a degree that a reasonable person would not hesitate to rely upon it. This is the highest standard of proof in law.

Collateral Consequences – These are the lifelong consequences that result from a conviction, beyond the court-imposed sentence, fines, and fees. These are more serious for felony convictions, but they can still affect you regardless of the severity of your conviction. These include, but are not limited to, no contact orders, temporary loss of voting rights, difficulty finding employment or housing, loss of firearm rights, immigration application or status change, and possible deportation, loss of civil rights, loss of driving rights, loss of access to higher education, loss of federal benefits including student loans, and family separation. Please speak to your lawyer about any concerns you have about collateral consequences at the outset of your case.

Discovery – The legal process where both prosecution and defense exchange evidence and information before trial, including witness lists, physical evidence, and expert reports.

Felony – A crime punishable by more than one year in prison. Felony convictions can result in loss of voting rights, gun ownership rights, and other civil disabilities (see collateral consequences.

Grand Jury – A group of 16-23 citizens who determine whether there is probable cause to formally charge someone with a felony by issuing an indictment. In Colorado, grand juries are usually convened for more serious conspiracy charges.

Indictment – A formal charge issued by a grand jury in felony cases, stating that there is probable cause to believe you committed the alleged crime.

Miranda Rights – Your constitutional rights that police must read to you before a custodial interrogation – the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in court.

Misdemeanor – A crime punishable by up to one year in jail (not prison) and/or fines.

No Contest (Nolo Contendere) – A plea where you do not admit guilt but accept responsibility for the charge. It has the same effect as a guilty plea for criminal purposes but cannot be used against you in civil court.

Plea Bargain – An agreement between the prosecution and defense to resolve the case without trial, usually involving reduced charges or a lighter sentence in exchange for a guilty or no contest plea.

Preliminary Hearing – A court hearing to determine if a crime was committed and that you committed it. The judge decides whether there is enough evidence for the case to proceed to trial.

Probable Cause – A reasonable belief, based on facts and circumstances, that a crime was committed and that you committed it. This is the standard required for arrests, warrants and searches.

Probation – A sentence that allows you to remain in the community under court supervision instead of serving time in jail or prison, subject to specific conditions and oversight by a probation officer.

Subpoena – A legal document requiring someone to appear in court to testify as a witness or to produce documents or other evidence.

Suppression Motion – A request to the court to exclude evidence that was obtained illegally or in violation of your constitutional rights.

Warrant – A court order authorizing police to arrest you or search your property. Warrants must be based on probable cause and signed by a judge.

About Your Case and Legal Process

Q: What’s the difference between a public defender and conflict counsel?

A: Both provide free legal representation to qualifying clients. A public defender is a government employee who works full-time defending indigent clients. Conflict counsel is a private attorney appointed by the court when the public defender’s office has a conflict of interest, such as when they’re already representing another client in the same case, or when they previously represented a victim or witness.

Q: How long will my case take to resolve?

A: Case timelines vary greatly depending on several factors: the complexity of charges, court schedules, whether you go to trial, and the availability of witnesses and evidence. Simple misdemeanors may be resolved in a few weeks to several months, while complex felonies can take a year or more. Cases that go to trial typically take longer than those resolved through plea agreements.

Q: Can I choose my attorney if I qualify for appointed counsel?

A: Generally, no. When you qualify for appointed counsel, the court assigns your attorney based on its appointment system. However, if there are serious personality conflicts, communication problems, or ethical issues, you can request a different attorney. The court is not required to grant this request, but may do so in appropriate circumstances.

Q: What happens if I can’t make it to court?

A: You MUST appear for all scheduled court dates unless specifically excused by the judge. Missing a court appearance can result in a bench warrant being issued for your arrest and additional charges for failure to appear. If you have a genuine emergency, contact your attorney immediately to request a continuance before your court date.

Q: Should I accept the first plea offer from the prosecutor?

A: Not necessarily. Speak with your attorney. Plea negotiations often involve multiple offers and counteroffers over time. Your attorney will review all evidence, assess the strength of the prosecutor’s case, and advise you whether a particular offer is reasonable. While the final decision is always yours, you should carefully consider your attorney’s professional assessment before deciding.

 

Q: What are the possible consequences if I’m convicted?

A: Consequences depend on the specific charges, your criminal history, and state laws. Possible penalties include jail or prison time, fines, probation, community service, restitution to victims, loss of driving privileges, and, for felonies, loss of voting rights and firearm ownership rights. Your attorney can explain the potential penalties specific to your charges.

About Bail and Release

Q: How do judges determine bail amounts?

A: Judges consider multiple factors: the severity of the charges, your criminal history, ties to the community (such as employment, family, and residence), perceived flight risk, and potential danger to the public. Some jurisdictions use bail schedules with preset amounts for certain offenses, while others allow greater judicial discretion.

Q: What options do I have if I can’t afford the bail amount?

A: You can request a bail reduction hearing through your attorney. Some jurisdictions have pretrial release programs that may allow release on your own recognizance or with minimal payment. You might also be eligible for supervised release with conditions like check-ins with pretrial services.

Working with Your Attorney

Q: How often should I expect to hear from my attorney?

A: Communication frequency varies based on case complexity and the current stage of proceedings. Your attorney should keep you informed of major developments, court dates, and plea offers. However, they may not contact you for routine procedural matters. Don’t hesitate to call with questions, but understand that your attorney may be handling many cases.

Q: Can I contact the prosecutor directly about my case?

A: No. Once you have an attorney, all communication about your case must go through them. Direct contact with the prosecutor could harm your case and may violate legal ethical rules. If you want to communicate something to the prosecutor, tell your attorney; they will handle it appropriately.

 

Q: What should I bring when meeting with my attorney?

A: Bring any documents related to your case, including police reports, citations, bail paperwork, or correspondence from the court. Also bring a list of questions, information about potential witnesses, and details about your background that might be relevant to your defense or sentencing (employment history, education, family circumstances, community ties).

About Drug Cases and Treatment

Q: Will entering drug treatment help my case?

A: Possibly. Many courts view voluntary entry into treatment favorably, especially for drug-related offenses. Some jurisdictions have drug court programs that can result in reduced charges or alternative sentences for successful completion. However, discuss this with your attorney before enrolling, as treatment records may be used as evidence in certain circumstances.

Q: Can I be required to enter treatment as part of my sentence?

A: Yes. Courts can order treatment as a condition of probation, as part of a suspended sentence, or as an alternative to incarceration. Court-ordered treatment typically includes regular progress reports to the court and consequences for non-compliance.

About Domestic Violence Cases

Q: Can charges be dropped if the alleged victim doesn’t want to prosecute?

A: Not automatically. The prosecutor, not the victim, decides whether to file or dismiss charges. While victim cooperation affects the strength of the case, prosecutors can sometimes proceed with other evidence, such as police observations, photographs, medical records, or recorded statements.

Q: What is a no-contact order, and what does it mean?

A: A no-contact order is a court order prohibiting you from having any direct or indirect contact with the alleged victim. This includes phone calls, texts, emails, letters, social media contact, going to their home or workplace, or having others contact them on your behalf. Violation of this order constitutes a separate criminal offense.

 

About Probation and Sentencing

Q: What’s the difference between probation and parole?

A: Probation is a sentence served in the community instead of jail time, typically with conditions like reporting to a probation officer, community service, or treatment programs. Parole is supervised early release from prison after serving part of a prison sentence. Both involve following specific rules and reporting to a supervising officer.

Q: What happens if I violate the terms of my probation?

A: Probation violations can result in additional conditions, an extended probation period, or revocation of probation with imposition of the original jail or prison sentence. You have the right to a hearing to contest alleged violations. The standard of proof for probation violations is lower than for criminal convictions.

Financial Concerns

Q: Do I have to pay for my court-appointed attorney?

A: While representation is provided at no upfront cost, many jurisdictions charge administrative fees or may seek reimbursement if your financial situation improves significantly. You may also be responsible for other case-related costs such as court filing fees, expert witness fees, or investigation costs. If you are a child, you should not have to pay administrative fees.

Additional FAQs

Court-appointed counsel through the Alternate Defense Counsel (ADC) is limited by statute to certain adult criminal and juvenile cases, criminal appeals, and post-conviction petitions.

Civil cases and Federal actions do not fall within our agency’s statutory authority so attorneys cannot be appointed through our agency for these types of matters.

Pro se defendants may be appointed Advisory Counsel by the judge in their case. Those appointments are handled through the Judicial Department and are made independently of the ADC. There are two different processes for obtaining court-appointed counsel, depending on whether your case is in the pre- or post- conviction stage.

Pre-Conviction

In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Alternate Defense Counsel (ADC), you must either request court-appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). In either case, it will be the Public Defender’s Office that determines if you qualify for court-appointed counsel. (You can find information about the application process and a listing of regional OSPD offices by visiting their website at https://www.coloradodefenders.us/for-clients/applying-for-a-public-defender/

  • If the OSPD determines that you qualify for court-appointed counsel, but they find they have an ethical conflict of interest in representing you, they will notify the Court. In most instances, the court then issues an Order appointing a particular ADC lawyer (from the list of available ADC contract attorneys in that jurisdiction) to represent you.
  • Per statute, “…a ‘conflict of interest’ may include, but need not be limited to, circumstances in which the state public defender represents a codefendant or a person who is a witness in the case or other circumstances identified in the Colorado rules of professional conduct or other rules of civil procedure as creating a conflict of interest. Case overload, lack of resources, and other similar circumstances shall not constitute a ‘conflict of interest’.” C.R.S. section 21-2-103(1.5)(c). You will not obtain appointed alternate counsel for reasons such as disagreement with your attorney over strategy or because you simply do not like the attorney provided by the OSPD.

Post-Conviction

  • If you wish to file a post-conviction motion under Criminal Procedure Rule 35, you must petition the Court having jurisdiction over your case for appointment of counsel. You will have to file the initial petition yourself; our agency cannot appoint someone to help you file the petition. For more information about filing post-conviction motions under Rule 35, please see the self-help section of the Colorado Judicial Branch’s website or click on this link: https://www.courts.state.co.us/Self_Help/postconvictionrelief/. If the judge in your case issues an order for appointment of counsel for a post-conviction motion, either the Public Defender’s Office or our office will appoint a lawyer to your case.
  • For cases on appeal, either through the direct appeal of your conviction and sentence or appeal of a denial of a Criminal Procedure Rule 35 motion, you should speak to your current counsel about requesting appellate counsel. If you had appointed counsel at the trial level, your attorney will typically determine the appellate options available to you. If you do not have an attorney to advise you of your appellate options, please visit the Colorado Judicial Branch’s self-help section or review the Court of Appeals Forms and Policies by clicking on this link: https://www.courts.state.co.us/Self_Help/courtofappeals/. If you wish to have a court-appointed attorney for your appeal, you must request that the court appoint counsel for you.

If the Court has appointed counsel in your case, you will be contacted by the attorney at the contact information you gave the court and/or the Office of the State Public Defender (OSPD). In many cases, the OSPD will notify you that they are withdrawing from your case before or at the same time as the motion for appointment of conflict-free counsel is made to the Court. This means that until the Court rules on that motion and appoints new counsel, you are still technically represented by the OSPD. Our agency will not be able to tell you who your appointed attorney is until the judge in your case has entered the order. This sometimes will not happen for several days or even weeks after you have been notified by the OSPD that they have identified a conflict of interest.

You can always contact the clerk of the court having jurisdiction over your case to determine your attorney of record. Court contact information can be found on the Judicial website or by clicking this link: https://www.coloradojudicial.gov/trial-courts-county If you know the name of your attorney, information can be found in the Attorney Regulation database, including contact address and telephone number and bar number, by searching here: https://www.coloradolegalregulation.com/attorney-search/. Typically, you will be contacted by your attorney before or at your next court appearance, but if it has been more than two weeks since the OSPD notified you that they were withdrawing from your case, you may call our office at 720-994-2840 and select option 0. You will be required to provide a case number, the county where your case has been filed, your date of birth, name (including spelling of your first and last names), and a telephone number or email address where we can contact you. Our office will do our best to assist you.

If your case is on appeal and the ADC has been appointed, your file will be held until the complete record has been prepared by the trial court and certified to the Court of Appeals. Your Notice of Appeal and Designation of Transcripts (which are the first documents to be filed in an appeal) will be signed by either the Director or Deputy Director of our agency. However, those individuals are not actually representing you for your appeal. They will not be involved in your case beyond the filing of those initial documents. After all of the transcripts have been prepared, and the court file is ready, your case will be assigned to an attorney who specializes in appellate cases and is available to take your case.

Court-appointed counsel through the Alternate Defense Counsel (ADC) is limited by statute to certain adult criminal and juvenile cases, criminal appeals, and post-conviction petitions.

Civil cases and Federal actions do not fall within our agency’s statutory authority so attorneys cannot be appointed through our agency for these types of matters.

Pro se defendants may be appointed Advisory Counsel by the judge in their case. Those appointments are handled through the Judicial Department and are made independently of the ADC. There are two different processes for obtaining court-appointed counsel, depending on whether your case is in the pre- or post- conviction stage.

Pre-Conviction

In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Alternate Defense Counsel (ADC), you must either request court-appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). In either case, it will be the Public Defender’s Office that determines if you qualify for court-appointed counsel. (You can find information about the application process and a listing of regional OSPD offices by visiting their website at https://www.coloradodefenders.us/for-clients/applying-for-a-public-defender/

  • If the OSPD determines that you qualify for court-appointed counsel, but they find they have an ethical conflict of interest in representing you, they will notify the Court. In most instances, the court then issues an Order appointing a particular ADC lawyer (from the list of available ADC contract attorneys in that jurisdiction) to represent you.
  • Per statute, “…a ‘conflict of interest’ may include, but need not be limited to, circumstances in which the state public defender represents a codefendant or a person who is a witness in the case or other circumstances identified in the Colorado rules of professional conduct or other rules of civil procedure as creating a conflict of interest. Case overload, lack of resources, and other similar circumstances shall not constitute a ‘conflict of interest’.” C.R.S. section 21-2-103(1.5)(c). You will not obtain appointed alternate counsel for reasons such as disagreement with your attorney over strategy or because you simply do not like the attorney provided by the OSPD.

Post-Conviction

  • If you wish to file a post-conviction motion under Criminal Procedure Rule 35, you must petition the Court having jurisdiction over your case for appointment of counsel. You will have to file the initial petition yourself; our agency cannot appoint someone to help you file the petition. For more information about filing post-conviction motions under Rule 35, please see the self-help section of the Colorado Judicial Branch’s website or click on this link: https://www.courts.state.co.us/Self_Help/postconvictionrelief/. If the judge in your case issues an order for appointment of counsel for a post-conviction motion, either the Public Defender’s Office or our office will appoint a lawyer to your case.
  • For cases on appeal, either through the direct appeal of your conviction and sentence or appeal of a denial of a Criminal Procedure Rule 35 motion, you should speak to your current counsel about requesting appellate counsel. If you had appointed counsel at the trial level, your attorney will typically determine the appellate options available to you. If you do not have an attorney to advise you of your appellate options, please visit the Colorado Judicial Branch’s self-help section or review the Court of Appeals Forms and Policies by clicking on this link: https://www.courts.state.co.us/Self_Help/courtofappeals/. If you wish to have a court-appointed attorney for your appeal, you must request that the court appoint counsel for you.

If the Court has appointed counsel in your case, you will be contacted by the attorney at the contact information you gave the court and/or the Office of the State Public Defender (OSPD). In many cases, the OSPD will notify you that they are withdrawing from your case before or at the same time as the motion for appointment of conflict-free counsel is made to the Court. This means that until the Court rules on that motion and appoints new counsel, you are still technically represented by the OSPD. Our agency will not be able to tell you who your appointed attorney is until the judge in your case has entered the order. This sometimes will not happen for several days or even weeks after you have been notified by the OSPD that they have identified a conflict of interest.

You can always contact the clerk of the court having jurisdiction over your case to determine your attorney of record. Court contact information can be found on the Judicial website or by clicking this link: https://www.coloradojudicial.gov/trial-courts-county If you know the name of your attorney, information can be found in the Attorney Regulation database, including contact address and telephone number and bar number, by searching here: https://www.coloradolegalregulation.com/attorney-search/. Typically, you will be contacted by your attorney before or at your next court appearance, but if it has been more than two weeks since the OSPD notified you that they were withdrawing from your case, you may call our office at 720-994-2840 and select option 0. You will be required to provide a case number, the county where your case has been filed, your date of birth, name (including spelling of your first and last names), and a telephone number or email address where we can contact you. Our office will do our best to assist you.

If your case is on appeal and the ADC has been appointed, your file will be held until the complete record has been prepared by the trial court and certified to the Court of Appeals. Your Notice of Appeal and Designation of Transcripts (which are the first documents to be filed in an appeal) will be signed by either the Director or Deputy Director of our agency. However, those individuals are not actually representing you for your appeal. They will not be involved in your case beyond the filing of those initial documents. After all of the transcripts have been prepared, and the court file is ready, your case will be assigned to an attorney who specializes in appellate cases and is available to take your case.

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