Chapter 27 - § 27.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 27.1 • INTRODUCTION

This chapter addresses the intersection of criminal law and family law and is intended to alert family law practitioners to criminal law issues that may complicate their cases. Whenever such issues arise, or when the family law practitioner anticipates their arrival, an experienced criminal defense lawyer should be consulted.

Criminal law and family law serve different, and often conflicting, purposes. Criminal law is designed to protect society as a whole and uses the power of the State to enforce laws, punish criminal conduct to deter future crimes, provide retribution and/or restitution to victims, and rehabilitate the offender, if possible. Because criminal law carries the threat of deprivation of liberty, accused defendants in criminal cases are entitled to many constitutional safeguards, including the presumption of innocence, the standard for conviction that guilt must be proven beyond a reasonable doubt, the right to a jury trial, the right to a speedy trial, the right of indigent defendants to appointed counsel, the right against unreasonable search and seizure, the privilege against self-incrimination, and related Miranda rights. If a defendant is convicted, the State, through the prosecutor, may recommend to the court an appropriate sanction, including imprisonment, community corrections, home detention, county jail time, or probation. The interests of the...