Title 16, Criminal Proceedings
0 chapters · 433 sections in this title.
Colo. Rev. Stat. § 16-5-101 Commencement of prosecution
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(1) Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways: (a) By the return of an indictment by a grand jury; (b) By the filing of an information in the district court; (c) By the filing of a felony complai…
Colo. Rev. Stat. § 16-5-102 Summons to corporate defendant
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(1) When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place. (2) The summons for the appearance of a corporation …
Colo. Rev. Stat. § 16-5-103 Identity theft victims - definitions
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(1) A person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction is a victim of identity theft for the purposes of this section. A victim of identify theft may procee…
Colo. Rev. Stat. § 16-5-104 Prohibition on issuing summons - reproductive health care
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A judge shall not issue a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of law of another state involving a legally protected health-care activity, as defined in section 12-30-121 (1)…
Colo. Rev. Stat. § 16-5-201 Indictments - allegations - form
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Every indictment or accusation of the grand jury shall be deemed sufficient technically and correct which states the offense in the terms and language of the statute defining it, including either conjunctive or disjunctive clauses, or so plainly that the nature of the offense may…
Colo. Rev. Stat. § 16-5-202 Requisites of information - form
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(1) The information is sufficient if it can be understood therefrom: (a) That it is presented by the person authorized by law to prosecute the offense; (b) That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic infor…
Colo. Rev. Stat. § 16-5-203 Furnishing witnesses' names
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Whether a prosecution is commenced by indictment, information, or felony complaint, the district attorney shall make available to the defendant not later than twenty-one days after the defendant's first appearance at the time of or following the filing of charges a written list o…
Colo. Rev. Stat. § 16-5-204 Witnesses before a grand jury - procedure
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(1) (a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney …
Colo. Rev. Stat. § 16-5-205 Informations - authority to file - indictments - warrants and summons
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(1) The prosecuting attorney may file an information in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The court shall enter an order fixing the amount of bail, if the offense is bailable, and the a…
Colo. Rev. Stat. § 16-5-205.5 Grand jury reports
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(1) In any case in which a grand jury does not return an indictment, the grand jury may prepare or ask to be prepared a report of its findings if the grand jury determines that preparation and release of a report would be in the public interest, as described in subsection (5) of …
Colo. Rev. Stat. § 16-5-206 Summons in lieu of warrant
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(1) Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and in unclassified felonies punishable by a maximum penalty of more than ten years, if an indictment is returned or an information, felony complaint, or complaint has been filed prior to the…
Colo. Rev. Stat. § 16-5-207 Standards and criteria relating to issuance of summons in lieu of warrant
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(1) A summons shall be issued instead of a warrant in all petty offenses and all unclassified offenses which are punishable by a maximum penalty of six months’ imprisonment or less, except in those cases where the court finds that: (a) The defendant has previously failed to respo…
Colo. Rev. Stat. § 16-5-208 Information not filed - reasons
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In all cases where on preliminary hearing in the county court concerning the commission of a felony the accused is bound over and is committed to jail, or recognized and held to bail, it is the duty of the district attorney to file an information in the district court. If the dis…
Colo. Rev. Stat. § 16-5-209 Judge may require prosecution
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The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the commission of a crime and the unjustified refusal of the prosecuting attorney to prosecute any person for the crime, may require the prosecuting attorney to appear be…
Colo. Rev. Stat. § 16-5-301 Preliminary hearing or waiver - dispositional hearing
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(1) (a) Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the …
Colo. Rev. Stat. § 16-5-401 Limitation for commencing criminal proceedings, civil infraction proceedings, and juvenile delinquency proceedings - definitions
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(1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in …
Colo. Rev. Stat. § 16-5-401.1 Legislative intent in enacting section 16-5-401 (6) and (7)
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(1) The intent of the general assembly in enacting section 16-5-401 (6) and (7) in 1982 was to create a ten-year statute of limitations as to offenses and delinquent acts specified in said subsections committed on or after July 1, 1979. (2) (Deleted by amendment, L. 94, p. 1050, …
Colo. Rev. Stat. § 16-5-402 Limitation for collateral attack upon trial judgment - definitions
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(1) Except as otherwise provided in subsection (2) of this section, no person who has been convicted as an adult or who has been adjudicated as a juvenile under a criminal statute of this or any other state of the United States shall collaterally attack the validity of that convi…
Colo. Rev. Stat. § 16-5-501 Prosecuting attorney - incarceration - legal representation and supporting services at state expense. (Repealed)
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C.R.S. 16-5-501Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services …