Colorado Criminal Law:
Frequently Asked Questions
The following is a list of frequently asked questions regarding Criminal Law in the state of Colorado. If you have any questions regarding the information on this page, please contact one of our Criminal Defense Attorneys.
How much Jail/Prison time is possible for my case?
Jail and or prison time varies from case to case, depending on a defendant’s criminal record, the crime charged, and the specific facts of each case. The range of penalties for Felonies, Misdemeanors and DUI cases are listed in the tables below.
a. Misdemeanors:
| Class | Minimum Sentence | Maximum Sentence |
|---|---|---|
| 1 | 6 months $500 fine |
18 months $5,000 fine |
| 1 (Extraordinary Risk) |
6 months $500 fine |
24 months $5,000 fine |
| 2 | 3 months $250 fine |
12 months $1,000 fine |
| 3 | $50 fine | 6 months $750 fine |
| Extraordinary risk crimes include the following:
1. Child Abuse;
2. 3rd Degree Assault; 3. 3rd Degree Sex Assault prior to 07/01/2000; 4. Unlawful Sexual Contact, on and after 07/01/2000; 5. 2nd Degree Sexual Assault, prior to 07/01/2000; 6. Sexual Assault, on or after 07/01/2000; 7. Violation of a Restraining Order-2nd or subsequent offense; 8. Failure to Register as a Sex Offender. |
||
a. Felonies:
What are my Miranda Rights and my rights as a defendant?
When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to be advised by an attorney before answering any questions.
- If you desire an attorney and cannot afford one, one will be appointed for you free of charge.
What hearings are there in a felony case?
While what hearings are called and when and if certain hearings are held can vary from case to case and jurisdiction to jurisdiction, generally, the following cases apply to every felony case in Colorado:
Criminal Hearings:
Only certain cases are eligible for a PH: Any class 1, 2 or 3 felony is eligible, regardless of the specific crime charged. Class 4,5 and 6 felonies are generally not eligible for a PH, unless the crime is a sexual offense, crime of violence, or requires mandatory sentencing. In addition, class 4-6 felonies may be PH eligible if a defendant is in custody.
b. Pre-Trial Conference: If you are not PH eligible, or if you have waived your PH, you may have a Pre-Trial Conference (PTC). A PTC is for your attorney and the prosecuting attorney to discuss the case, including a possible plea deal. This hearing may also be held in District Court after the case is bound over, but the purpose of the PTC remains the same. At the District Court level, this hearing may also be called a dispositional hearing, or may be combined with a dispositional hearing. The purpose of a dispositional hearing is typically for a defendant to accept a plea bargain and enter a guilty plea.
c. Arraignment: Once your case is bound over to District Court, your first hearing is usually the arraignment. An arraignment is the hearing where you are formally advised of the charges against you, your rights as a defendant, and where you will either enter a plea of guilty based on a plea bargain offer or not guilty and the case will be set for a motions hearing and a trial.
d. Motions Hearing: A motions hearing is held to argue any motions filed by either the prosecution or the defense. Motions filed by the prosecution usually involve evidence the prosecution wishes to introduce at trial, while defense motions typically seek to limit evidence introduced at trial. As every case is different, there are many motions that may be filed, or no motions may be filed.
e. Trial: The trial is the portion of the case where the prosecution seeks to prove, beyond a reasonable doubt, that a defendant committed the crimes charged. In felony cases, with very few, if any, exceptions, the trial will be to a jury of 12 people drawn from the district where the Court has jurisdiction. In most felony cases, the jury trial will last more than 1 day.
f. Sentencing: If you are found guilty at trial, or if you have entered a guilty plea at an earlier hearing, you will typically need to return for sentencing. Depending on the type of case and the possible penalties, you may be sentenced to probation, jail, prison, a halfway house, or a combination of these. This hearing is usually held 6-8 weeks after a plea or verdict of guilty, so a defendant can be evaluated for probation, community corrections (halfway house, etc). In some cases, a defendant may be sentenced immediately after a verdict or plea of guilty. Also, some crimes will not allow a defendant to stay out on bond between a guilty plea or verdict and sentencing, causing a defendant to be taken into custody immediately. In other cases, a defendant will be required to obtain a “consent of surety” from the person who posted the bond in their case (usually a licensed bail bondsman).
If such consent is not received by the Court, a defendant will either need to post a new bond, or will remain in custody until sentencing (and beyond if sentenced to jail or prison).
What hearings are there in a Misdemeanor case?
For the most part, the hearings in a Misdemeanor case are essentially the same as a felony case. However, no misdemeanor case is eligible for a Preliminary Hearing.
Do I need to show up for court if I have a lawyer?
In almost all cases, you will need to show up for court even if you have a lawyer. Failure to appear can cause a bench warrant to be issued, a hold to be placed on your driver’s license, additional fees and costs to be imposed, and if you are on bond, failure to appear will cause your bond to be revoked. If your bond is revoked, a bench warrant will be issued for your arrest, and any bond set by the Court will be much higher than the previous bond amount. In some cases, usually minor traffic cases, it may be possible to have your appearance waived by the Court. Ask your attorney for details.
What time should I show up for Court?
For a first appearance in a case, the summons or bond information sheet will show you what time to appear for court. If you have been to court already, they will usually issue you a document that says when the hearing begins. It is always best if you plan your trip to show up 15 minutes before your hearing begins.
Is Colorado a no fault divorce state?
Yes. You do not need to prove fault such as adultery, abandonment, imprisonment or cruel and inhuman treatment. The fact that the marriage is irretrievably broken is sufficient to get a divorce in the State of Colorado.
Is fault considered by the court when dividing assets and debts or determining issues concerning the children?
No, marital fault is not to be considered when dividing assets, dividing debt, awarding support or determining allocation of parental responsibilities. Issues such as dissipation of assets may be considered when equitably dividing the marital property.
How long does it take to get divorced?
At least one party to a divorce must have been domiciled in the State of Colorado for at least 90 days prior to commencing a Dissolution of Marriage of action. Thereafter, at least 90 days must have passed since the court acquired jurisdiction over the respondent via either service of process upon the respondent, the respondent joining as co-petitioner in the petition or the respondent otherwise enters an appearance. Accordingly, the quickest you can get divorced is 90 days from the date that the court acquires jurisdiction over the respondent. The actual timeline will vary greatly depending upon the county, issues involved in your case and whether you go to trial or are able to settle.
How are Parenting Time and Allocation of Parental Responsibilities determined?
The court will allocate parenting time and parental responsibilities (formerly referred to as “joint or sole custody”) and based upon what is in the best interests of the minor child(ren). In order to determine what is in a child’s best interest, the court will consider the following factors as found in C.R.S. §14-10-124: (see below)
(I) The wishes of the child’s parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
(IV) The child’s adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
(b) Allocation of decision-making responsibility. The court, upon the motion of either party or its own motion, shall allocate the decision-making responsibilities between the parties based upon the best interests of the child. In determining decision-making responsibility, the
court may allocate the decision-making responsibility with respect to each issue affecting the child mutually between both parties or individually to one or the other party or any combination thereof. In determining the best interests of the child for purposes of allocating decision-making
responsibilities, the court shall consider, in addition to the factors set forth in paragraph (a) of this subsection (1.5), all relevant factors including:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;
(IV) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.
(V) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then it shall
not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that the
parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.
(2) The court shall not consider conduct of a party that does not affect that party’s relationship to the child.
(3) In determining parenting time or decision-making responsibilities, the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
(3.5) A request by either party for genetic testing shall not prejudice the requesting party in the allocation of parental responsibilities pursuant to subsection (1.5) of this section.
(4) If a party is absent or leaves home because of spouse abuse by the other party, such absence or leaving shall not be a factor in determining the best interests of the child. For the purpose of this subsection (4), “spouse abuse” means the proven threat of or infliction of physical pain or
injury by a spouse or a party on the other party.
(5) Repealed.
(6) In the event of a medical emergency, either party shall be allowed to obtain necessary medical treatment for the minor child or children without being in violation of the order allocating decision-making responsibility or in contempt of court.
(7) In order to implement an order allocating parental responsibilities, both parties may submit a parenting plan or plans for the court’s approval that shall address both parenting time and the
allocation of decision-making responsibilities. If no parenting plan is submitted or if the court does not approve a submitted parenting plan, the court, on its own motion, shall formulate a parenting plan that shall address parenting time and the allocation of decision-making
responsibilities.
(8) The court may order mediation, pursuant to section 13-22-311, C.R.S., to assist the parties in formulating or modifying a parenting plan or in implementing a parenting plan specified in subsection (7) of this section and may allocate the cost of said mediation between the parties.
How is child support calculated?
The State of Colorado has implemented presumed Child Support Guidelines. These child support guidelines consider such factors including, but not limited to, the gross incomes of each parent, the number of children, the number of overnights the child(ren) spend with each parent, cost of daycare, cost of health insurance premiums attributable to the child(ren), limited other extraordinary expenses for the child(ren) and whether there are any older children living with the parents or whether there is a child support obligation being paid for children older than the children at issue.
When does child support start?
Child support commences after the physical separation of the parties, the filing of the Petition for Dissolution of Marriage or service upon the respondent, whichever date is latest.
When may I modify my child support?
Pursuant to C.R.S. §14-10-115 you may modify child support anytime there is a substantial and continuing change of circumstances and application of the child support guidelines would result in more than a 10% change in the amount of child support being paid.
When does child support terminate?
Generally speaking, child support in the State of Colorado terminates upon the emancipation of a child. A child emancipates upon attaining the age of nineteen, joins the military, marries or otherwise emancipates.
Will my spouse be required to pay for my attorney fees?
One spouse may be required to pay some or all of the attorney fees of the other spouse depending upon the financial circumstances of each spouse. Pursuant to C.R.S. §14-10-119 the court may make an award of attorney fees to equalize the financial positions of the parties. This typically occurs when there is a wide disparity in the parties’ earning capacities.
May I change my name back to my maiden name as part of the divorce action?
Yes and if you are considering restoring your maiden name it is advisable to do it as part of the dissolution of marriage action. It is very easy to restore your maiden as part of the divorce action but much more cumbersome to do at a later time. If you do restore your maiden name, then you will want to obtain certified copies of the Decree of Dissolution Marriage to present to the Department of Motor Vehicles and the Social Security Administration to change your name with those agencies.
