During this hearing, the judge advises the defendant of the formal charges filed against them. “2 nd Advisement” occurs after the District Attorney’s Office files charges.This is a short hearing in which the judge advises a suspect of the charges for which the suspect is being investigated, and their rights, including the right to a public defender, if eligible. The District Attorney’s Office has typically not yet filed charges. "1 st Advisement” is the first time an arrested person is brought to court and takes place very soon after an arrest.If a person is arrested for a misdemeanor or felony, the defendant will appear for Advisement in the County Courtrooms at the City Jail (Van Cise-Simonet Downtown Detention Center), 490 W. The charges filed by the District Attorney are listed in a written statement filed with the court, called a “Complaint and Information,” “Complaint,” or “Information.” 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. In these cases, the defendant is said to be “At Large” until he or she is arrested. Sometimes charges are filed before the defendant has been arrested. The District Attorney’s Office then decides whether to file criminal charges, and what those charges should be. In felony cases, the police can arrest a person on an “investigatory hold” and write a report summarizing the events leading up to the arrest, and send their report and investigation to the District Attorney’s Office for consideration of filing of charges.In misdemeanor cases, a police officer arrests the person and serves them with a “Summons and Complaint” listing the criminal charges.2) ArrestĪ person can be arrested for a misdemeanor or felony crime. The first appearance of the defendant will be Arraignment and the court date to appear is listed on the Summons and Complaint. 1) No ArrestĪ police officer serves someone with a misdemeanor “Summons and Complaint” listing the criminal charges, which the officer files directly with the Court. There are two ways to file charges to start a criminal case. If a defendant violates conditions set by the judge that must be followed in order to remain out on bond, the bond can be revoked and the defendant returned to custody until disposition of their case. If a defendant cannot post bond (make bail) they remain in custody. This does not mean a defendant has the right to be released on bond from custody until their case has been concluded, only the right to have bond set. The Colorado Constitution guarantees the right of persons arrested to have bond set-the right to a hearing to determine the bond and the conditions for release from custody pending trial. A personal recognizance bond (unsecured, no cash required) may also be ordered, which releases a person from custody based on that person’s word that they will return to court.īond is set by a judge, not the police or the district attorney, and is typically set at (1 st ) advisement. A police officer may arrest a person if the officer has an arrest warrant, or if the person committed a crime in the officer’s presence, or the officer has probable cause to believe that the person has committed a crime.Ī person who has been arrested is taken to the Denver City Jail (the Van Cise-Simonet Downtown Detention Center) at 490 W Colfax Avenue, where they are “booked” into the criminal legal system.īond (or bail) is the amount of money, in cash or secured by property or surety (a third-party guarantor of the amount) required by the court to ensure that a person released from custody after arrest will appear at all future court dates. It is the responsibility of local law enforcement (in Denver, the Denver Police Department) to investigate crimes and arrest suspects.Īrrest is the taking into custody of a person in order to detain him or her to answer for a criminal charge. The criminal process begins with the crime, a violation of a criminal law, and the subsequent investigation or arrest of someone for that crime. If misdemeanor and felony charges are both included in a case, and the case is bound over or direct-filed into District Court, the misdemeanor charges are tried along with the felony charges in District Court.Ĭlick here for a PDF flow chart of the main steps in the criminal justice process. In some instances, instead of being considered first in County Court, the most serious felony charges are filed directly in District Court, or as the result of a grand jury indictment. Most felony cases begin in County Court but are tried in Denver District Court. Misdemeanor cases are filed and tried in Denver County Court.
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