Title 16, Criminal Proceedings

(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 …

(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…

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)…

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…

(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…

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…

(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 …

(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…

(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 …

(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…

(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…

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…

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…

(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 …

(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 …

(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, …

(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…

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 …

(1) The place of trial may be changed: (a) When a fair trial cannot take place in the county or district in which the trial is pending; or (b) When a more expeditious trial may be had by a change in the place of trial from one county to another; or (c) When the parties stipulate …

(1) A motion for change of venue must be accompanied by one or more affidavits setting forth the facts upon which the defendant relies or by a stipulation of the parties. (2) Whether circumstances exist requiring, in the interest of justice, a change in the place of trial is a qu…

Where a prosecution has been commenced in one county, the court, for good cause shown, may transfer the proceeding to another county within the same judicial district if it is shown that the offense was committed in more than one county within the same judicial district and if th…

(1) Any person charged with crimes in more than one county of this state may apply to the district attorney of one of said counties to be charged with all crimes so that he may enter into a disposition and be sentenced for them in that single county. The application shall contain…

Except as otherwise provided by sections 16-6-101 to 16-6-103, the filing of an application for change of venue and all proceedings relating thereto are governed by the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado. Source: L. 72: R…

(1) A judge of a court of record shall be disqualified to hear or try a case if: (a) He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or (b) The offense charged is alleged to have been committed against the person or property …

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 …

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…

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…

(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…

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,…

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.

(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 …

(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…

(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…

(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…

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…

(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…

(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…

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…

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…

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…

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…

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…

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…

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…

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 …

(1) The applicable test of insanity shall be, and the jury shall be so instructed: A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable. But care…

The intent of the general assembly in enacting section 16-8-101.5 and making conforming amendments to sections 16-8-101 to 16-8-104, 16-8-106, 16-8-110, 16-8-114, 16-8-115, and 16-8-120 in 1995, and in enacting clarifying provisions in this section and sections 16-8-104.5 and 16-…

(1) The applicable test of insanity shall be: (a) A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to c…

As used in this article 8, unless the context otherwise requires: (1) Diseased or defective in mind does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Evidence of knowledge or awareness of the victim's actual or perceived gender…

(1) (a) The defense of insanity may only be raised by a specific plea entered at the time of arraignment; except that the court, for good cause shown, may permit the plea to be entered at any time prior to trial. The form of the plea is: Not guilty by reason of insanity; and it m…