Basalt, CO Criminal Defense Law Firms & Lawyers

Maximum for a class C felony is 5 years and a $10,000 fine. No mandatory minimum. It is likely that a good lawyer could be get this reduced to a misdemeanor.

An arraignment is a hearing at which the defendant pleads guilty or not guilty. In some states, this might occur at your first appearance. In Colorado, where you are from, it is not. Most felonies are filed in the county court, where at your first appearance, you would be advised of the charges, the possible penalties and your right to a lawyer. For serious felonies (class 3 and higher) you would then be scheduled for a preliminary hearing. The hearing should be set within 30 days, unless you waive the time limit. After the preliminary hearing, the case would be transferred to District Court. The arraignment would occur at your first appearance in District Court. Time limits for a speedy trial also begin at the arraignment. For lower class felonies, of which felony menacing is one, you are not entitled to a preliminary hearing. After your first appearance, courts often schedule a pre-trial conference to give you and the District Attorney an opportunity to meet and resolve the matter before transferring it to District Court for arraignment and further proceedings. Three weeks is not a long time between your arrest and arraignment, particularly in smaller counties where the same judge handles civil and criminal cases, perhaps for more than one county.

If it's being held as evidence, the police will probably keep it for the duration of the trial. They may need it as evidence and pictures simply won't do. Plus, the defense has the right to inspect it. Sorry. You should be able to get it back at the conclusion of the case.