Title 16, Criminal Proceedings
0 chapters · 433 sections in this title.
Colo. Rev. Stat. § 16-7-101 Separate trial of joint defendants
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When two or more defendants are jointly indicted or informed against for any offense and there is material evidence, not relating to reputation, which is admissible against one or some of them but which is not admissible against all of them if they are tried separately and which …
Colo. Rev. Stat. § 16-7-102 Required notice of defense of alibi
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If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specif…
Colo. Rev. Stat. § 16-7-201 Place of arraignment
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The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court. Source: L. 72: R&RE, p. 2…
Colo. Rev. Stat. § 16-7-202 Presence of defendant
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(1) If the offense charged is a felony, a level 1 drug misdemeanor, or a class 1 misdemeanor or if the maximum penalty for the offense charged is more than one year's imprisonment, the defendant must be personally present for arraignment; except that the court, for good cause sho…
Colo. Rev. Stat. § 16-7-203 Irregularity of arraignment
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No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity. Source: L. 72: R&RE, p. 221,…
Colo. Rev. Stat. § 16-7-204 Procedures on arraignment
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The procedure to be followed upon arraignment shall be in compliance with the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado. Source: L. 72: R&RE, p. 221, � 1. C.R.S. 1963: � 39-7-204.
Colo. Rev. Stat. § 16-7-205 Pleas authorized on arraignment
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(1) A defendant personally, or, where permissible, by counsel may orally enter: (a) A plea of guilty; or (b) A plea of not guilty; or (c) A plea of nolo contendere (no contest) with the consent of the court; or (d) A plea of not guilty by reason of insanity, in which event a not …
Colo. Rev. Stat. § 16-7-206 Guilty pleas - procedure and effect
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(1) Every person charged with an offense shall be permitted to tender a plea of guilty to that offense if the following conditions have been satisfied: (a) The court shall have advised the defendant that if the plea is accepted the defendant shall be determined to have waived his…
Colo. Rev. Stat. § 16-7-207 Court’s duty to inform on first appearance in court and on pleas of guilty
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(1) At the first appearance of the defendant in court or upon arraignment, whichever is first in time, it is the duty of the judge to inform the defendant and make certain that the defendant understands the following: (a) The defendant need make no statement, and any statement ma…
Colo. Rev. Stat. § 16-7-207.5 Court’s duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty
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(1) At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that the def…
Colo. Rev. Stat. § 16-7-208 Failure or refusal to plead
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If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or a plea of nolo contendere (no contest), or if a corporation fails to appear, the court shall enter a plea of not guilty. If for any reason a plea has not been entered, the case shall for all pu…
Colo. Rev. Stat. § 16-7-301 Propriety of plea discussions and plea agreements
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(1) Where it appears that the effective administration of criminal justice will thereby be served, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement. The district attorney should engage in plea discussions or reach plea agreements w…
Colo. Rev. Stat. § 16-7-302 Responsibilities of the trial judge with respect to plea discussions and agreements
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(1) The trial judge shall not participate in plea discussions. (2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or nolo contendere (no contest) in the expectation that other charges before that court will be dismissed or that sentenc…
Colo. Rev. Stat. § 16-7-303 Fact of discussion and agreement not admissible
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Except as to proceedings resulting from a plea of guilty or nolo contendere (no contest) which is not withdrawn, the fact that the defendant or his defense counsel and the district attorney engaged in plea discussions or made a plea agreement shall not be received in evidence aga…
Colo. Rev. Stat. § 16-7-304 Charges for bad checks
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The department or agency supervising the collection of restitution agreed to as a condition of a plea agreement, including dismissal of a charge, may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution pay…
Colo. Rev. Stat. § 16-7-401 Deferred prosecution. (Repealed)
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Source: L. 72: R&RE, p. 224, � 1. C.R.S. 1963: � 39-7-401. L. 75: (2) amended, p. 610, � 1, effective June 26. L. 77: (1) amended, p. 860, � 1, effective May 24. L. 81: (1) amended, p. 930, � 1, effective May 13. L. 83: (2) amended, p. 664, � 3, effective July 1. L. 85: (1) amend…
Colo. Rev. Stat. § 16-7-402 Counseling or treatment for alcohol or drug abuse. (Repealed)
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Source: L. 72: R&RE, p. 224, � 1. C.R.S. 1963: � 39-7-402. L. 81: Entire section amended, p. 930, � 2, effective May 13. L. 82: (1) repealed, p. 309, � 2, effective March 11. L. 2000: (2) amended, p. 235, � 4, effective July 1. L. 2001: (3) added, p. 658, � 6, effective May 30. L…
Colo. Rev. Stat. § 16-7-403 Deferred sentencing of defendant. (Repealed)
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Source: L. 75: Entire section added, p. 611, � 1, effective February 9. L. 83: (2) amended, p. 664, � 4, effective July 1. L. 85: (1) amended, p. 617, � 8, effective July 1; (1) amended, p. 1371, � 50, effective July 1. L. 87: (1) and (2) amended, p. 614, � 2, effective July 1. L…
Colo. Rev. Stat. § 16-7-403.5 Deferred sentencing - mentally ill defendants charged with certain misdemeanors - demonstration program - repeal. (Repealed)
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C.R.S. 16-7-403.5Statutes 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 Service…
Colo. Rev. Stat. § 16-7-403.7 Deferred sentencing - drug offenders - legislative declaration - demonstration program - repeal. (Repealed)
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C.R.S. 16-7-403.7Statutes 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 Service…
Colo. Rev. Stat. § 16-7-404 Charges for bad checks
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The department or agency supervising the collection of restitution ordered as a condition of a deferred prosecution or deferred sentence pursuant to this part 4 may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a …