First-Time Offenders in Summit County: What to Expect and Legal Options
Facing criminal charges for the first time feels overwhelming. In this situation, it’s crucial to understand the criminal justice process and your available legal options for protecting your rights.
Kylie Whitaker and Ehren Penix are criminal defense lawyers in Breckenridge. At Whitaker & Penix, LLC, we regularly represent first-time defendants in the 5th and 6th Judicial Districts, including Summit County. Our deep familiarity with local judges, prosecutors, and courtroom procedures allows us to provide solid defense strategies.
You’ve Been Charged: Now What?
If you’ve never been arrested before, the legal process can feel like a maze. Here’s a breakdown of what typically happens in Summit County after a first-time criminal charge.
Arrest or Summons
If you’re arrested, you may be taken into custody and booked at the Summit County Jail in Breckenridge. For lower-level offenses, you might receive a summons requiring you to appear in court on a specific date.
Arraignment
Your arraignment is your first court appearance. The judge will inform you of the charges against you and ask how you plead: guilty, not guilty, or no contest. It’s extremely important to consult with an attorney before this step. What you say here can have a big impact on your case.
Pretrial Hearings
Before a trial begins, there may be several hearings to discuss discovery (evidence sharing), motions (legal requests), and potential resolutions, including diversion or plea agreements. These hearings set the tone for how your case will move forward.
Understanding Your Legal Options
As a first-time offender, you may qualify for more favorable legal outcomes, especially with the help of knowledgeable legal counsel.
Diversion Programs
Like other jurisdictions in Colorado, Summit County offers diversion programs for eligible first-time offenders. These programs allow individuals to avoid a criminal conviction by completing conditions set by the District Attorney’s office.
Diversion programs may include:
- Community service
- Counseling or treatment
- Education programs (e.g., anger management or DUI classes)
- Probationary monitoring
If you complete the program successfully, your charges may be dismissed, and you could avoid having a criminal record.
Circumstances where you may qualify for diversion:
- Generally non-violent, first-time offenses
- Willingness to accept responsibility
- Approval by the District Attorney
Plea Bargains
If diversion isn’t an option, or if you’ve been charged with a more serious offense, you may still benefit from a plea bargain. This is a negotiated agreement with the prosecutor where you agree to plead guilty or no contest in exchange for a reduced charge or lighter sentence.
Examples of potential plea bargain outcomes:
- Felony charge reduced to misdemeanor
- Jail time replaced with probation
- Fewer charges filed
At Whitaker & Penix, LLC, we examine every angle of your case to determine if a plea bargain is in your best interest, or if fighting the charge is the better route.
Probation
In many first-time offender cases, judges are open to probation instead of jail time, especially if the offense is non-violent. Probation allows you to remain in the community under court-ordered conditions, such as:
- Regular check-ins with a probation officer
- Random drug or alcohol testing
- No new law violations
- Fines and fees
- Completion of classes or community service
The Importance of Legal Counsel
As a first-time offender, you could have legal options you’re not even aware of. The right lawyer can:
- Identify eligibility for diversion programs
- Negotiate favorable plea bargains
- Fight for probation instead of jail time
- Challenge weak or illegally obtained evidence
- File motions to suppress or dismiss charges
- Represent you in front of judges and prosecutors who take experienced counsel seriously
First-Time Offenses in Summit County
While every case is different, here are some of the most common charges we see first-time defendants facing in this region:
- DUI or DWAI (Driving Under the Influence / Driving While Ability Impaired)
- Drug possession (including marijuana or prescription meds)
- Theft (shoplifting, petty theft)
- Assault (often stemming from bar fights or domestic disputes)
- Disorderly conduct
- Trespassing
- Minor in possession of alcohol
The good news? These charges often fall into categories where diversion, probation, or a plea bargain may be possible.
What If You’re a Tourist?
Summit County sees a high volume of tourism, especially in the winter months. Many first-time charges involve people visiting Breckenridge, Keystone, or Copper Mountain who don’t live in Colorado.
If you were charged while visiting Summit County, your attorney may be able to appear on your behalf, depending on the charge. Our firm regularly helps out-of-state clients handle their cases remotely when possible and works to resolve matters efficiently.
What Happens If You’re Convicted?
While we work hard to avoid this outcome, a conviction doesn’t necessarily mean jail time for first-time offenders. Depending on the circumstances, you could still qualify for:
- Deferred judgment and sentence (DJS): If completed successfully, your case may be dismissed.
- Sealing your record: Some first-time offenses can be sealed from public view after a period of compliance and no new charges.
- Expungement (for juvenile cases): Some youth offenses can be expunged after a waiting period.
Your attorney can help you understand post-conviction relief and what steps to take to protect your record moving forward.
Reasons to Choose Our Firm
At Whitaker & Penix, LLC, we know how to communicate with Summit County prosecutors and judges in a way that protects your future. In fact, Kylie Whitaker and Ehren Penix both have experience working as criminal prosecutors.
We don’t overload ourselves with too many cases, so every client gets our full attention. Kylie has been recognized as a Rising Star by Super Lawyers, and Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau.
Speak With an Experienced Criminal Defense Lawyer in Summit County
One mistake shouldn’t define the rest of your life. At Whitaker & Penix, LLC, we provide trusted guidance and strong defense strategies tailored to your situation. Let us start building your defense today.
Call (970) 368-0602 for a free consultation.