If a peace officer makes an arrest without a warrant of a person for a misdemeanor or a petty offense, the arrested person shall be taken without unnecessary delay before the nearest available county or district judge. Thereafter, a complaint shall be filed immediately in the county court having jurisdiction of the offense and a copy thereof given to the defendant at or before the time he is arraigned. The provisions of this section are subject to the right of the arresting authority to release the arrested person pursuant to section 16-3-105.
Source: L. 72: R&RE, p. 195, § 1. C.R.S. 1963: § 39-2-112.
ANNOTATION
The defendant's release upon admission to bail and the subsequent filing of the complaint complied with the requirements of this section when properly read in conjunction with § 16-2-111. Weld County Court v. Richards, 812 P.2d 650 (Colo. 1991).
By posting bail and executing an appearance bond the defendant waived service of the complaint on him until his appearance date and this procedure complied with this section and related rules, which do not require that a person charged with a misdemeanor be given a copy of the complaint until at or before the time he is arraigned. Weld County Court v. Richards, 812 P.2d 650 (Colo. 1991).
The statutes and procedural rules do not require that a person charged with a misdemeanor be given a copy of the complaint prior to being released on bail. Weld County Court v. Richards, 812 P.2d 650 (Colo. 1991).