The 8 steps to a Colorado arrest and prosecution are ...
- An officer must believe that you are or have committed a criminal offense before you can be arrested.
- An arrest occurs when an officer places you in physical custody (handcuffs) or when you are no longer free to walk away.
- The officer will list the arrest charges. Information will be sent to the prosecutor who will review the case and decide what charges will be filed with the Court.
- When you first appear before the Judge, you will be advised of the charges filed against you and the possible penalties and your rights in court.
- In misdemeanor cases, you will have a chance to meet with a prosecutor and be told a plea offer. Be careful. If you do not know or understand all of the elements of a charge and the consequences of a guilty plea, you may hurt yourself forever.
- The police reports, witness list and test results must be requested from the prosecutor. You cannot make an informed and intelligent decision until you understand this information.
- County Court does not have jurisdiction over felony charges. If you are not offered a misdemeanor plea agreement, your case must be transferred to the District Court for an Arraignment.
- If you plead not guilty in County Court, a jury trial date is set within 40 to 60 days. In District Court, a jury trial date must be set within six months.
Remember, the prosecutors will take whatever you give them and more.
Call me immediately (970-871-7400) to discuss your questions, needs and how I can help you in this trying time.
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs