1. J-SUP Municipal Court Representation
First Steps with a New Case

2. Meeting the Client What is the goal of the first meeting?
Raising the client’s comfort level
Gather information
Impart information

3. Getting the client comfortable
Introductions
Let client know you will discuss case with him and options
Let client know you want to know why he is here from his perspective
Briefly discuss attorney/client privilege

4. Gathering information
Contact information for client, if any
Anyone client wants us to contact?
What are client’s goals today?
Get out now so she can fight the case at any cost
Get out, period
Get the case over with
Low fines vs. low jail

5. For the client who does not want to resolve the case today
Most important information is what you need to argue pretrial release (also referred to as “bail” or “bond”)

6. For the client who wants to resolve the case today
Most important information may be mitigation
To present to the city attorney to plea bargain
To present to Judge at sentencing

7. Pretrial release traditional factors
Ties to the community
Likelihood of conviction
Prior record of criminal convictions
Prior failures to appear (“FTAs”)

8. More contemporary way of looking at it
Research shows
No relationship between monetary conditions and
Community safety
Likelihood to appear
Trend in many states, including Colorado
Statutes that create a presumption of release
Pretrial services offices that
Assess risk for court with “objective” scoring instrument
Monitor clients
Help them get to court with reminders/check-ins
Different levels of supervision (administrative, basic, enhanced, intensive)
Check in monitoring, GPS, SCRAM, Urinalysis, etc.

9. Structure set up by Colorado Statute
Mostly codified in C.R.S
Presumption of release
Preference for the least restrictive type of bond
Unsecured personal recognizance bond (can have additional people on it, or additional nonmonetary conditions)
Monetary amount to be posted by cash, property or surety (or bonding agent), unless court makes findings that one is appropriate
Monetary/Real estate only
C.R.S (types of bond)
Court can use a bond schedule, but must also consider individualized characteristics

10. Factors in the Colorado statute (C.R.S. 16-4-103)
Employment status/history
Nature and extent of family relationships
Past and present relationships
Character and reputation
Who will assist accused to appear
Likely sentence for offense charged
Prior criminal history and FTAs
Any facts indicating possibility of law violations upon release without conditions

11. Factors in the Colorado statute continued
Any facts indicating likelihood of witness intimidation
Any other facts showing strong ties to community (so not likely to flee jurisdiction)
Years in Colorado/Boulder
Education
Conditions that would ensure appearance
If fine only, monetary conditions shall not exceed maximum fine

12. We Will Have a Form!!! This will help you interview on these factors
This will help you structure an argument for the court on these factors

13. Another possible argument
C.R.S Type of bond in certain misdemeanor cases.
Judge shall release accused on personal recognizance if M3 or less, or any offense where maximum sentence is 6 month or less;
UNLESS one or more facts is found to be present:
Person failed to sufficiently identify himself or herself
Person refuses to sign personal recognizance
Detention is necessary to prevent imminent bodily harm to accused or another person
No ties to community sufficient to ensure appearance and substantial likelihood he or she will fail to appear
Prior FTA on a personal recognizance release
Outstanding warrant for arrest (for pretty much anything)

14. C.R.S Argument
Will likely only apply forcefully to only a few clients
Since many will not have ties to the community or will have FTAs on prior PR bonds
Does the Municipal Court know about this Statute? (the statute does not seem to provide an exception)
At a minimum a good indication of how the Colorado legislature feels about pretrial release for low level offenses
Likely basically being followed by these Judges, based on what we know

15. Arguing Pretrial Release before the court
First step: Will the city attorney agree to a PR bond?
If not argue
Use your notes to structure argument
Notes should be a detailed as possible
Biographical details humanize the client before the court
Argument should be detailed and formal
This will show your client (as well as all of the clients in the room (not to mention the court)) that you are serious and sincere in your desire to get client out

16. Should DMR do a sample interview and argument?

17. Plea Bargaining Find out what the client wants
Does she want probation?
Or does she figure that is a trap?
Fine?
Or would one day in jail be better?

18. What information do we need?
What is the maximum penalty for the charge?
What is the Judge likely to give after trial?
What is the Judge likely to give on an open plea?
We find that out by watching

19. Some general thoughts Ask for less than the client wants
Make sure you have a good idea of what the client wants
Don’t be afraid to go back and forth if necessary