Facing legal action can be confusing and overwhelming, especially if you’re unsure what type of case you’re dealing with. Is it a criminal matter? A civil lawsuit seeking financial damages? Or a civil protective order designed to keep someone away?
At Path Forward Legal, we focus on trial-level criminal defense. That means represent people who have been charged with a crime or infraction in Colorado. Often, we are called by people who are unsure if they are facing criminal charges or another type of case. Understanding your situation is critical to knowing your rights, responsibilities, and the best path forward. In this post, we’ll break down these three types of cases, explain their key features, and help you identify which one applies to your situation.
Table of Contents
Criminal cases are among the most serious types of court matters, as they involve the government prosecuting an individual for violating laws designed to protect public safety. Unlike civil disputes, where the focus is on resolving disagreements between individuals or entities, criminal cases aim to address offenses against society as a whole.
If you’ve been arrested, issued a citation, or received a summons to appear in criminal court, you’re likely facing a criminal case. Pay attention to the language in your court documents—terms like “charge,” “indictment,” or “arraignment” are strong indicators. Additionally, if the case is titled The People of the State of Colorado vs. [Your Name], it’s a criminal matter.
By recognizing the hallmarks of a criminal case, you can better understand the severity of the situation and seek legal representation tailored to defending against criminal charges.
Traffic cases in Colorado fall into two main categories: traffic infractions and traffic offenses. While both involve alleged violations of driving laws, they differ significantly in their legal consequences and how they are handled in court. Knowing the distinction is essential to understanding your rights and determining the type of legal representation you may need.
Traffic infractions are minor violations of Colorado traffic laws. These are civil matters, not criminal cases, and generally result in fines, points on your driving record, or other administrative penalties.
Traffic offenses are more serious violations that are classified as either traffic misdemeanors or felonies under Colorado law. These are criminal matters, meaning they carry the possibility of jail time and other severe penalties.
While not required, consulting a lawyer can help if you want to fight the infraction, especially if it involves substantial fines or the potential suspension of your driver’s license due to accumulated points.
For traffic offenses, hiring a criminal defense attorney is highly recommended. An attorney can protect your rights, negotiate plea agreements, or defend you at trial.
Civil lawsuits for money damages are legal disputes between private individuals, businesses, or entities where one party seeks the Court to step in because another party is harming or has harmed them. The most common type of civil lawsuits seek money damages for past actions. These cases do not involve criminal charges or penalties but instead focus on resolving disagreements and holding parties financially accountable.
If you receive a summons or complaint from a private individual or business seeking money or damages, you’re likely dealing with a civil lawsuit. These documents often outline the allegations against you and the specific relief being sought. Additionally, the case title will typically include the names of the parties involved, such as John Smith vs. Jane Doe.
Civil protective orders are legal tools designed to protect individuals from harassment, abuse, or threats by restricting another person’s ability to contact or come near them. These orders are typically issued by a court and can have serious legal consequences if violated.
In Colorado, civil protective orders are often filed pro se, which means that a person applies to the court by themselves and without the aid of an attorney. The Colorado judicial system has self-help resources to learn about seeking a protection or restraining order.
You may be dealing with a protective order if you are served with legal documents outlining restrictions on your behavior, accompanied by a court date to address the matter. Common language includes terms like “temporary restraining order (TRO),” “permanent protection order,” or “order of protection.”
Protective order cases are often heard in civil or family court, depending on the nature of the relationship between the parties involved. The petitioner typically provides evidence or testimony to justify the order, and the respondent has the opportunity to contest it during a hearing.
Civil protection orders are different than Mandatory Protection Orders, which are issued in criminal cases. A person cannot seek a criminal protection order, also known as an MPO. Similarly, a victim or protected party cannot drop an MPO. An MPO is issued by the court in a criminal case to prevent the defendant from taking certain actions.
Police harassment lawsuits allow individuals to hold law enforcement accountable for misconduct, abuse of power, or violations of civil rights. These cases often involve filing claims under federal or state laws that protect citizens from unlawful actions by public officials.
If you’ve experienced harm due to law enforcement misconduct and are considering legal action, you may have grounds for a police harassment lawsuit. The attorney who handles this potential lawsuit is different than the one who would handle any criminal charges you may also face.
At Path Forward Legal, we help people with their criminal charges, and this can include fighting to exclude any evidence obtained because of police misconduct. We fight for the best possible outcome in a criminal case, whether its a complete dismissal of charges or a reduction in the original charged crime. This is different than another type of attorney who files a lawsuit seeking money damages for police misconduct.
Child custody disputes arise when parents or guardians cannot agree on how to divide responsibilities for raising their children. These cases focus on determining legal and physical custody based on the child’s best interests and can be resolved through negotiation, mediation, or court hearings.
You’re likely involved in a child custody case if you’ve filed or received documents with terms like “allocation of parental responsibilities,” “parenting plan,” or “custody determination.” These cases are usually handled in family court and may require mediation before proceeding to a trial or hearing.
Child custody disputes often include documentation of parenting history, living arrangements, and financial stability. The court may also appoint a guardian ad litem or custody evaluator to assess the situation and make recommendations.
It’s vital to speak to a criminal defense attorney any time you are being investigated for conduct that involves the injury to a child. Too often, we see criminal charges filed when there is a dispute between parents or CPS gets involved in a minor incident. At Path Forward Legal, we work closely with the family law attorneys handling child custody disputes as we defend against those criminal charges.
Divorce cases, also known as dissolution of marriage cases, focus on legally ending a marital relationship. These cases address not only the termination of the marriage but also related issues like property division, spousal support, and parenting arrangements if children are involved.
You’re likely involved in a divorce case if you or your spouse has filed a petition for dissolution of marriage, accompanied by a summons requiring the other party to respond. Key documents may include financial disclosures, proposed parenting plans, or property division worksheets.
Divorce cases are generally heard in family court, and the process can involve mediation, negotiation, or litigation, depending on the level of agreement between the spouses.
When there are criminal charges like domestic violence harassment filed during a divorce, it’s important to understand your rights in the criminal case and how your obligations can affect the divorce. Mandatory protection orders may contradict the requirements of the divorce court, particularly if mediation is ordered.
A criminal direct appeal is the process of challenging a conviction or sentence by asking a higher court to review the decision of the trial court. Appeals focus on errors of law or procedure that occurred during the trial, not on re-trying the case or presenting new evidence. They are an essential part of the criminal justice system, ensuring that convictions and sentences comply with legal standards.
At Path Forward Legal, we do not handle appeals except in very rare cases when we have also handled the initial criminal trial. We often are contacted by people after they have pleaded guilty and are facing stiff sentencing penalties. While an appeal or post-conviction attorney may be able to help, we focus on making sure our clients understand the potential consequences of a plea before it is entered.
You’re dealing with a direct appeal if:
Criminal appeals are distinct from other post-conviction remedies, such as motions for new trials or habeas corpus petitions, as they are filed directly with an appellate court and are limited to issues raised during the trial or sentencing.
Criminal direct appeals are a critical avenue for correcting legal errors and ensuring justice is upheld. If you or a loved one is considering an appeal, consult with an appellate attorney to assess the case and navigate the complex appellate process.
If you’ve exhausted your direct appeal and still believe your conviction or sentence is unjust, you may have options through post-conviction remedies. In Colorado, these include Rule 35(c) motions for post-conviction relief and habeas corpus petitions. These legal avenues focus on addressing constitutional violations, errors in the trial, or newly discovered evidence. However, knowing what type of lawyer to hire is crucial since not all criminal defense firms handle these cases.
A Rule 35(c) motion in Colorado allows you to challenge your conviction or sentence on specific legal grounds. It’s filed in the court where you were convicted and addresses issues such as:
Habeas corpus is a separate legal process aimed at challenging the legality of your detention. In Colorado, habeas petitions are less common for state convictions, as Rule 35(c) motions typically cover most post-conviction issues. However, a habeas petition might be used to:
If you believe a post-conviction remedy might apply to your situation, act quickly—these cases often have strict deadlines and procedural requirements. At Path Forward Legal, we do not offer post-conviction services. However, we encourage you to consult a qualified post-conviction attorney who can evaluate your case and guide you through the process.
Navigating the legal system can feel overwhelming, especially when trying to determine the type of case you’re facing. Whether you’re dealing with a criminal charge, a civil lawsuit, or family law issues, understanding the nature of your case is the first step toward finding the right solution. Each case type involves unique laws, procedures, and potential outcomes, making it crucial to seek help from an attorney with the appropriate experience.
By carefully reviewing your court documents, identifying the type of court handling your case, and consulting with a knowledgeable attorney, you can ensure you’re equipped to respond effectively. If you’re unsure about your situation, take the time to research your options and speak with a professional who can provide guidance tailored to your needs.
At our firm, we focus on defending clients in criminal cases and handling trial-level matters. If you’re not sure, but you think you might need a Colorado criminal defense attorney, give us a call at (303) 535-5820 or ask for a free consultation by filling out our request form. We’ll review your information and schedule you for a free consultation with a criminal defense attorney if we think we can help.
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia.
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia.
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia.
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast of the Semantics, a large language ocean. A small river named Duden flows by their place and supplies it with the necessary regelialia. It is a paradisematic country, in which roasted parts of sentences fly into your mouth. Even the all-powerful Pointing has no control about the blind texts it is an almost unorthographic.
The Big Oxmox advised her not to do so, because there were thousands of bad Commas, wild Question Marks and devious Semikoli, but the Little Blind Text didn’t listen. She packed her seven versalia, put her initial into the belt and made herself on the way. When she reached the first hills of the Italic Mountains, she had a last view back on the skyline of her hometown Bookmarksgrove.
