What To Do If You Are On Trial For A Crime In Colorado?

In Colorado, the state criminal code categorizes crimes into misdemeanors and felonies. The incidence of a crime often precedes the arrest and charging of the alleged offender. Usually, investigations and grounds of probable cause result in an arrest warrant being issued. Most misdemeanors have charges filed by the arresting officer or presiding judge. Felony offenders are often given a verbal notice of the charges at the point of arrest. However, it is not official. The official notification of filed charges happens in the presence of a jury. It entails advice and arraignment.

When the prosecutor charges a person with a crime, the prosecuting counsel offers them the option to plead guilty. If the defendant pleads guilty, the process skips the trial stage and proceeds directly to the sentencing hearing, which is often the outcome of negotiations for leniency. It is important to note that the sentence may differ from the prosecutor’s proposal. If a defendant pleads otherwise, the case proceeds to the pretrial stage, and the judge sets a date for the next court appearance.

What Percentage Of Criminal Cases Go To Trial In Colorado?

According to the 2018 Judicial Branch update, approximately 22% of the caseload across state courts involves criminal cases. There is an opportunity for pretrial negotiations in the Colorado criminal justice process. Here, the defendant may be offered a plea bargain to negotiate a murder sentence. Also, evidence of wrong arrests and/or improper charges becomes so clear as to warrant the dismissal of the charges against the arrested individual. For this reason, many cases do not proceed to a full trial in the state.

When Does A Criminal Defendant Have The Right To A Trial?

According to federal laws, all criminal defendants have the right to request a public trial, which promotes fairness in the hearing and transparency of the legal process to the public. Colorado state laws are subject to federal statutes. Whether it is a bench or a jury trial, it typically proceeds six months from the date the defendant is notified of the charges. It applies to County and District Courts. Municipal Courts in Colorado adopt a three-month pretrial window period. Unless there is reasonable cause for an extension or the defendant files a plea for more time, violating this status may result in a prejudiced dismissal of charges.

What Are The Stages Of A Criminal Trial In Colorado?

Below is a stepwise process of a criminal trial in a Colorado State Court:

• Pretrial motions
• Jury selection
• Presentation of the case by the District Attorney (D.A.)
• Response by the defense attorney
• Submission of evidence by the D.A.
• Calling of witnesses and crime experts
• Determination of guilt
• Sentencing

The judge schedules a separate hearing for sentencing if the defendant is guilty.

How Long Does It Take For A Case To Go To Trial In Colorado?

The Colorado speedy trial statute imposes a maximum of six months from the date the state charges the defendant. More severe cases, requiring a more detailed investigation, may take longer on the grounds of good cause. The rule may also apply to circumstances with multiple adjacent issues, such as interstate involvement or a syndicate.

What Happens When A Court Case Goes To Trial In Colorado?

In Colorado, an arrest starts the process of a criminal case in the legal system. Other events occur in a stepwise manner:

• Booking: The arresting officer takes the arrestee into custody and books them on criminal charges. The booking process includes collecting personally identifying information, a full-body search, fingerprinting, and mugshots.
• If granted, posting bail means that all arrested persons should be taken into custody by default. However, the option of bail depends on several factors, including the severity of the crime, the community's safety, the arrestee's financial capacity, employment status, and the individual's ties to the community.
• An indictment: Here, the D.A. prepares a written document that states the arrestee has committed a crime under the relevant laws
• An advisement/arraignment: a court hearing that officially notifies the defendant of the charges
• Preliminary hearing: This hearing tests the credibility of the state’s case against the defendant
• Pretrial conference: A court appearance that hears pretrial motions and manages negotiations of plea bargains
• Motions: May submit a motion to suppress evidence or dismiss charges
• Disposition hearings: Apply to plea bargains. The court decides whether to accept it or proceed to a full trial.
• Jury trial: The case proceeds through a full-fledged public trial, where the judge settles with the jurors’ help if the defendant is found guilty of the charges. The goal of the D.A. is to get a conviction.
• Sentencing: Regardless of the jury trial verdict, the judge schedules a hearing to determine the sentence. After this, post-trial motions, such as appeals, may proceed.

What Does it Mean to be Indicted in Colorado?

In Colorado, an indictment is a formal accusation of a felony brought by a grand jury. Colorado Revised Statute 16-1-104(11) defines an indictment as “a written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender”.

Under Colorado Rule of Criminal Procedure 6.2, a grand jury consists of twelve citizens, and at least nine jurors must agree to return an indictment. Indictments are typically used in more serious felony cases, especially those involving complex criminal conduct or matters of public interest.

An indictment in Colorado generally must:

• Include the name of the accused or a clear description if the name is unknown.
• State the essential facts of the alleged crime with reasonable certainty (C.R.S. § 16-5-201).
• Establish that the offense took place within the court’s jurisdiction and within the statute of limitations.
• It is signed by the foreperson of the grand jury.

After an indictment, the defendant is scheduled for an arraignment, where the charges are read, and a plea of guilty or not guilty is entered (Colo. R. Crim. P. 10). Notably, an indictment is not a finding of guilt—it only authorizes the case to proceed to trial.

Does Indictment Mean Jail Time in Colorado?

No. Being indicted in Colorado does not automatically mean imprisonment. It only signals that formal charges exist.

Jail time may occur only in specific situations, such as when:

• The defendant is arrested and denied bail under C.R.S. § 16-4-101(2) (for example, in cases involving capital offenses).
• Bail is set, but the accused cannot afford to post it.
• The charges are severe, and pretrial detention is deemed necessary.

Otherwise, many defendants are released on bail or bond while awaiting trial. Actual jail or prison time happens only after a conviction, whether through a trial verdict or a plea agreement.

Can You Be Put On Trial Twice For The Same Crime In Colorado?

No. The 5th amendment to the U.S. Constitution does not permit an individual’s trial twice for the same crime. Another name for it is the “double jeopardy clause”, which most states, including Colorado, have adopted.

How Do I Look Up A Criminal Court Case In Colorado?

Members of the public may assess criminal court cases only at the courthouse with current jurisdiction over the case. County, Municipal, and District courts are trial courts with jurisdiction over criminal court cases. There is no central database on the Colorado Judicial Branch from which inquirers may access records. Instead, the judicial site redirects all requests to the local courthouse that filed the case. Note that the court record custodian may not disclose ongoing criminal cases to every member of the public. One reason is that the legal system’s commitment to a fair hearing takes precedence over public knowledge at any point in time. However, case information may be available upon request. Also, it is worth noting that court case information regarding victims or juveniles is not publicly accessible. Only eligible persons will access this information. Eligible persons include the involved parties, their representing attorneys on the case, and all allowed court or state executive staff. Anyone else may require a court or executive order for criminal record information.

How To Access Electronic Court Records In Colorado?

Remotely accessible court records are not available at the Colorado court system’s central judicial branch or at individual court premises. Some third-party websites may also provide online access to court records in the state, allowing interested individuals to search for a real-time register of actions. To get copies, inquirers may visit the local courthouse of the current jurisdiction on the case to request them.

Public Colorado criminal records are also accessible through third-party websites. These sites may offer the convenience of a statewide database, allowing individuals to perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, the availability, accuracy, and validity of records may not be guaranteed.

How Do I Remove Public Court Records In Colorado?

Records may become invisible to the public in Colorado when they are sealed or expunged. The implications for sealing or expunging are essentially the same, except that the process differs. While sealing renders a record invisible to the public, it remains accessible to law enforcement agencies and court authorities. The expunction of a record represents the destruction of the documents from the legal system. Juvenile cases and underage driving offenses often qualify for an expunction. Lower-grade felonies and misdemeanors also qualify for sealing, provided the court closed the case. Closure here means that the sentence is complete, and the convict has fulfilled all the legal requirements. It also means that the individual has no pending case or is a suspect in an investigation.