how to get the district attorney to make charges in colorado

How many district attorneys are there in Colorado?

To file a complaint, contact the OARC by calling 303-457-5800 or toll-free at 877-888-1370. DA FAQs What is a District Attorney (DA)? District attorneys – or DAs – are dedicated public servants charged with seeking the truth and pursuing justice under the law on criminal matters that occur in their jurisdiction.

What is the role of the Colorado Attorney General?

Feb 27, 2019 · Colorado Attorney General. The Attorney General for Colorado, an elected position, represents the state in litigation and also will sue on behalf of consumers and others in the state who've been wronged. Directory of Colorado District Attorneys. The DA offices in Colorado are broken up into 22 judicial districts incorporating all of Colorado's ...

What is the role of a district attorney?

The District Attorney’s Office must generally file charges within three business days of the arrest when the defendant is in custody, although an extension of time can be granted by the court. If a determination is made that the facts do not support a reasonable belief the charge can be proven beyond a reasonable doubt, there is a legal and ethical duty to decline to file charges.

What are the 12th and 13th Judicial District Attorneys in Arizona?

The bill requires each district attorney to collect data regarding defendants related to demographics, charges filed, pretrial release results, and sentencing. The district attorney is required to create an annual report with the data collected and make the data collected available to the public upon request. (Note: This summary applies to this ...

How long does a DA have to file charges in Colorado?

The District Attorney's Office must generally file charges within three business days of the arrest when the defendant is in custody, although an extension of time can be granted by the court.

Who makes the charging decision?

Prosecutors are supposed decide whether to file charges by evaluating the evidence before them. But a decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report.

What does a district attorney do in Colorado?

The District Attorney's Office prosecutes state misdemeanor and felony cases in Denver's County and District Courts, provides assistance to witnesses and victims of crime, and maintains an active community education and crime prevention program.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What factors do prosecutors consider in making a charging decision?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

What facts may the prosecutor consider when deciding what charges to file?

How Los Angeles Prosecutors Decide to File Charges in a Criminal...The Evidence. ... The Credibility of Witnesses and Victims. ... The Circumstances Surrounding the Accusations or Arrest. ... The Possibility of a Plea Bargain. ... Current Political Pressures.Oct 10, 2018

How do you become a district attorney in Colorado?

They must be licensed to practice law in Colorado for five years, a qualified elector of the judicial district at the time of their election or appointment and reside in the district throughout their term in office.

Who is the District Attorney for Colorado?

Beth McCann. Beth McCann was elected District Attorney of Denver in November 2016 and was sworn into office on January 10, 2017.

Who is Denver's district attorney?

Beth McCannThe current Denver District Attorney is Beth McCann....List of elected Denver District Attorneys.District AttorneyTenureBeth McCann2017–28 more rows

What evidence do CPS need to charge?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Mar 14, 2022

When can police make a charging decision?

4.2 If the police decision maker considers that there is sufficient evidence to pass the evidential stage, and prosecution is in the public interest, the appropriate Code Test will be met, and the case can proceed to a charging decision.Dec 31, 2020

Can a defendant speak to the prosecutor?

Defendants are advised not to speak with prosecutors. There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges.Jan 22, 2022

Who decides whether to file criminal charges in Colorado?

The decision whether to file and prosecute criminal charges, and what those charges should be, is the responsibility of the District Attorney, in accordance with the Colorado Constitution and state laws.

What is the law in Denver?

The law requires the lower “probable cause” level of proof to make an arrest, but requires the higher “beyond a reasonable doubt” level of proof to file a formal charge. State misdemeanor and felony offense allegations are first investigated or filed by the Denver Police Department.

What is the filing and prosecution decision?

The filing and prosecution decision will be made based upon the specific facts of each case, including the physical evidence, witness statements and expert opinions that could be presented to a jury. These facts are evaluated and weighed against the specific language of the criminal statutes.

What is a charge in criminal law?

Charging Decision. “Charges” are legal allegations that a suspect has committed a specific criminal offense as defined by state law.

Can a criminal case be accepted?

The case may be accepted for the filing of criminal charges. The case may be refused for filing (for example, insufficient evidence) There may be a request for additional investigative work that is needed before a filing decision can be made.

How long have district attorneys been in Colorado?

For over 44 years, district attorneys in Colorado have been at the forefront of improving the criminal justice system and pursuing alternative, non-traditional approaches to diverting people out of the prison system and providing them with mental health, behavioral and substance abuse treatment.

What is the Colorado Supreme Court?

Guided by a strong ethical code created by the Colorado Supreme Court and enforce d by the Office of Attorney Regulation, district attorneys in Colorado pursue equal justice in every decision they make with local judges, the Colorado Court of Appeals, and the Colorado and United States Supreme Courts monitoring their actions.

What percentage of drug arrests in Colorado are heroin related?

According to the Colorado Bureau of Investigation, 34 percent of drug violation arrests in 2018 involved amphetamine/methamphetamine and 12 percent involved heroin. Marijuana offenses – such as illegal cultivation and distribution – accounted for 26 percent, while eight percent were attributed to cocaine.

How many hate crimes were committed in Colorado in 2018?

A total of 139 hate crimes were reported to Colorado law enforcement in 2018, up from 96 reported the year prior. Of the 127 categorized victims, 73 were targeted for their race/ethnicity/ancestry, 24 for their sexual orientation, 24 for their religion, four for their disability and three for their gender identity.

What is the role of a prosecutor in criminal justice?

In the criminal justice system, prosecutors play a limited and clearly-defined role of deciding if and when to file charges based on the laws created by the legislature and evidence collected by law enforcement. It is a judge or jury that decides whether or not convict a defendant and a judge that determines the sentence for those found guilty.

What is the role of the DA?

The role of the DA is not to pursue convictions but to seek the truth, protect rights and ensure justice in every case. That can mean pursuing a conviction, refusing to prosecute a case for lack of evidence or not filing charges that don’t meet the public’s interest.

Who is responsible for protecting the rights of victims, witnesses, the community, media and accused?

No person other than a judge is responsible for protecting the constitutional privileges of everyone involved in a criminal case from start to finish. District attorneys are responsible for ensuring the rights of victims, witnesses, the community, media and accused.

What is the charge decision process?

Anyone familiar with the “charging decision” process understands that prosecutors base their initial charging decisions on the arrest reports filed with the prosecutor’s office. These reports are intended to summarize the facts terminating most often in the arrest of the susepct.

What is prosecutorial misconduct?

Prosecutorial misconduct can take the form of abusive investigative practices, illegal threats, misleading witnesses, fraud in the handling of evidence and even framing the innocent for political reasons. To fully understand how and when that misconduct can take place – one needs to look more closely at the process of bringing criminal charges.

Can the police charge an individual in Colorado?

Charging an individual is not only a function of the District Attorney’s discretion. In Colorado – the police have the right to charge all but felony cases. This is usually accomplished by the officer handing the accused a summons and complaint (a ticket).

Who controls the doors to the courthouse?

One judge accurately described the power of the prosecutor as the person who “ controls the doors to the courthouse. ” As noted above while the DA has sole authority to file charges on each and every possible crime in the Colorado criminal code, the DA is not limited to the charges the police believe have been committed and can file charges that are more serious than originally investigated or less serious than the charges for which the suspect is arrested.

Is it too late to reverse a criminal case?

Once charged with a crime, it is often too late to reverse the process. Equally important and very real is the cost of not fighting the charge before charges are filed. Persons under investigation in criminal cases are in a very tough position. If they do nothing to stop the filing of charges – the costs of defense can rise astronomically.

Who can drop charges in a criminal case?

The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed.

What is the phone number for Colorado Springs police?

If you are within city limits call Colorado Springs Police Department at 719-444-7000. If you are outside of city limits call El Paso County Sheriff’s Office at 719-520-7111.

What is the phone number for child support?

Child Support is no longer a part of the District Attorney's Office. To get information and help regarding Child Support matters, you can call 719.457.6331. I am a victim in a criminal case and I want to drop the charges.

Who do you report crimes to in El Paso County?

If the crime was committed in an unincorporated area of El Paso County, the crime should be reported to the Sheriff.

Can you go to work if you are subpoenaed?

In some cases, the prosecutor handling the case can put you “on call” (so that you can go to work or school on the day you are subpoenaed, and you will be called at a pre-arranged phone number an hour or so before you are needed in court).

Who is working on a subpoena?

The person who is working on your case is most likely the person who signed the court document or correspondence. On subpoenas, the prosecutor's name is listed on the document itself. You can also ask to speak to the paralegal assigned to your case.

Can the DA help me?

Can the DA's Office help me? No. If you think you may be a victim of Contractor Fraud contact your local law enforcement agency to report the crime as soon as possible. Law enforcement will investigate the crime and the District Attorney’s Office will determine if charges should be filed and prosecute any crimes.