Serving the citizens of Clear Creek, Eagle, Summit and Lake Counties

I’m a Defendant

“I’ve been charged with a felony”

Adult District Court

Contact Information

  • Summit County: (970) 453-2272
  • Eagle County: 970-328-6373 Main Courthouse (970) 704-2740 El Jebel Subdivision
  • Lake County: (719) 486-0535
  • Clear Creek County: (303) 679-4220

Overview

Each county in the Fifth Judicial District has at least one district court. Summit County and Eagle County each have two district courtrooms. District court handles felony cases. The amount and type of punishment you may receive depends on what class of felony you are charged with. In Colorado there are six classes of felonies with a Class 1 felony being the most serious and a Class 6 felony being the least serious.

Even if you have been charged with a felony your initial court appearance will typically take place in a county courtroom. The county court judge will advise you of what you have been charged with and the possible penalties associated with those charges. The judge will also advise you of your right to an attorney and if you cannot afford to hire your own attorney she will advise you that you have a right to a public defender. In some cases you are entitled to a preliminary hearing, which would also take place in county court.

After you get past the preliminary hearing stage your case will be assigned to district court. At the district court level you can decide whether or not you wish to enter a not guilty plea and go to trial or dispose of your case pursuant to some agreement with the district attorney.

This is an overview of the criminal justice process and meant to be a guide only. For a full understanding of the legal process and your legal rights as they pertain to your case you should consult legal counsel.

Frequently Asked Questions

1. What is the difference between a felony and a misdemeanor? » 2. What is the difference between a district court and a county court? » 3. How do I get a public defender? » 4. What if I miss my court date? » 5. What if I have an attorney but I would like to try to speak with the district attorney about my case on my own? » 6. How do I get the police reports pertaining to my case? » 7. Will I get a plea offer in my case? » 8. What is an arraignment? » 9. What is a preliminary hearing? » 10. What is a deferred judgment and sentence? » 11. What if I am unhappy with the way the deputy district attorney assigned to my case is handling it? » 12. What is drug court? » 13. How do I seal a case? »

“I’ve been charged with a misdemeanor/traffic violation”

County Court

Contact Information

  • Summit County: (970) 453-2272
  • Eagle County: (970) 704-2740
  • Lake County: (719) 486-0535
  • Clear Creek County: (303) 679-4220

Overview

Each county in the Fifth Judicial District has one county courtroom. County court handles misdemeanor and traffic cases. Typical county court cases include Assault in the Third Degree, Harassment, Domestic Violence cases, Driving Under the Influence of either Alcohol or Drugs, Minor in Possession of Alcohol and Possession of Marijuana cases. Typically these offenses are punishable by time in the local county jail and/or fines.

Frequently Asked Questions

1. What is the difference between a felony and a misdemeanor? » 2. What is the difference between a district court and a county court? » 3. If I have to appear in court on my ticket can I speak with a district attorney before my court date? » 4. I have received a ticket and have been given 20 days to pay the fine. Can I speak with a district attorney first? » 5. I am under the age of 18 and received a ticket. Do I need to bring a parent to court? » 6. I live out of state or more than 100 miles from the courthouse. Do I have another option other than appearing in court? » 7. How do I get a public defender? » 8. How do I get the police reports pertaining to my case? » 9. Can someone appear in court for me? What if I've given them power of attorney? » 10. There is a restraining order against me. How do I get than changed or lifted? » 11. I need to change my court date. How do I do that? » 12. What should I do if I miss my court date? » 13. The defendant has died. How do I take care of their case? » 14. I cannot complete the sentence that the judge gave me or I need to get some conditions changed. What do I do? » 15. I received a copy of a motion to revoke my probation in the mail. What should I do? » 16. How do I seal a case? » 17. I need to reinstate my license and I found out there is a hold (outstanding judgment warrant) on license. What can I do? » 18. I think somebody used my name when they got their ticket. What can I do? » 19. What if I am unhappy with the way the deputy district attorney assigned to my case is handling it? »

A felony is a crime for which you can be sentenced to the Colorado Department of Corrections. A misdemeanor is a less serious crime for which you can be sentenced to the county jail or to pay a fine.
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A district court handles criminal cases where there is a felony charge or where a juvenile is charged. The county court handles all misdemeanor and traffic offenses. The initial stages of a case with felony charges are also handled in county court.
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You must apply to get the services of a public defender. Applications are available at the clerk’s office at the courthouse. You may also contact them at (970) 468-9363 or go by their office located at 114 Village Place, Ste. 101, Dillon, Colorado.
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You should contact the court at one of the numbers listed above as soon as possible to minimize the possibility of a warrant being issued for your arrest. If you have an attorney you should also contact them as soon as possible. If you posted bail with the assistance of a bondsman you should also contact them and advise them that you missed your court date.
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If you are represented by an attorney the district attorney cannot discuss your case with you unless your attorney is present.
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You may contact the district attorney’s office in the county in which your case is pending and arrange for the police reports to be copied and available for you to pick up. There is a per-page charge for providing you these copies. If you have or anticipate getting an attorney they will take care of this for you.
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In most cases the district attorney will relay a plea offer to you or your attorney if you have one. However there is no right to a plea offer in any case. Whether or not you accept the plea offer is entirely your decision.
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An arraignment is a hearing in the district court where, after advising you of your rights, you make the decision to plead guilty in the case or plead not guilty and proceed to trial on the charges.
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A preliminary hearing is a hearing in front of a county court judge to determine whether it is more probable than not that you committed the offenses for which you have been charged. This is not the same as determining whether or not you are guilty. If the judge does find probable cause then your case is sent to district court. If the judge decides that probable cause does not exist on the felony charges then those charges are dismissed. If the county court judge advises you that you are entitled to a preliminary hearing you have ten days to formally request one.
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Colorado statutes allow a defendant to enter a plea of guilty to a felony but postpone sentencing for a period of up to two years for a misdemeanor and four years for a felony. During this postponement period you may be under the supervision of the court and you must remain law abiding, pay and pay any restitution or court costs. The court may also impose conditions such as drug or alcohol treatment, domestic violence counseling, community service hours or any other condition which the court believes is appropriate. If, at the end of the postponement period, you have successfully complied with the directives of the court the case against you will be dismissed. If you fail to follow the directives of the court you will sentenced pursuant to your previously entered guilty plea. You can only receive a deferred judgment and sentence with the consent of the district attorney.
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If you have an attorney we cannot talk to you about whatever issues you may have. You must address your concerns with your attorney. If you are not represented by an attorney you may address your concerns to District Attorney Mark Hurlbert.
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Drug court is a program which seeks to dispose of drug related cases in way that is different from the normal criminal process. If you have committed a non-violent felony which involved drugs or an addiction to drugs you may be eligible for this program. Drug court uses the focused involvement of the Court, treatment providers, probation and others involved in the criminal justice system to increase direct supervision of offenders, coordinate community resources, and expedite case processing, all with the hopes of directing the offender away from his addition. Through Drug Court the offender is provided with the tools to make positive changes in their life and break the cycle of alcohol or drug abuse, criminal behavior and incarceration. Participation in the Drug Court program is totally voluntary.
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This depends on the type of seal you are wanting to seal. If you wish to seal a case where you were charged with Minor in Possession of Alcohol (C.R.S. 18-13-122) you may file a petition to seal in the court in which you were convicted. If you wish to seal some other type of conviction you may be eligible to seal your case under C.R.S. 24-72-308. You may want to contact an attorney to assist you with this or you can get more information at the Colorado court’s website
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A felony is a crime for which you can be sentenced to the Colorado Department of Corrections. A misdemeanor is a less serious crime for which you can be sentenced to the county jail or to pay a fine.
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A district court handles criminal cases where there is a felony charge or where a juvenile is charged. The county court handles all misdemeanor and traffic offenses. The initial stages of a case with felony charges are also handled in county court.
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You cannot speak with a district attorney before your court date. Your court date is your assigned time to speak with a district attorney and you will be able to speak with them in person on that date. If you have hired an attorney the district attorney cannot discuss your case with you unless your attorney is present.
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A mail in ticket is called a “Penalty Assessment Ticket”. Most penalty assessment tickets are given for offenses that are classified as traffic infractions. By law the district attorney is not the prosecutor that is assigned to handle these tickets and thus cannot speak with you about it.
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Yes. Colorado law requires that any minor under the age of 18 who receives a ticket inform their parents or legal guardian and that a parent or legal guardian must appear with you in court.
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If you were required to post a bond you will have to appear in court. If you did not have to post a bond you may be eligible to enter into a guilty plea by mail.
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You must apply to get the services of a public defender. Applications are available at the clerk’s office at the courthouse. You may also contact them at (970) 468-9363 or go by their office located at 114 Village Place, Ste. 101, Dillon, Colorado.
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You may contact the district attorney’s office in the county in which your case is pending and arrange for the police reports to be copied and available for you to pick up. There is a per-page charge for providing you these copies. If you have or anticipate getting an attorney they will take care of this for you. However on many simple traffic or misdemeanor cases there may be no other police reports other than the ticket which you were given.
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The only person who can appear in court on your behalf is an attorney who is licensed to practice law in the State of Colorado. Even if you have an attorney your presence is usually required unless you have been excused by the court.
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In order to get a restraining order (also referred to as a “Order of Protection” or a “No Contact Order”) changed or lifted you must file the appropriate paperwork with the court. If you have hired an attorney they can do this for you. If you do not have an attorney you can get information on how to do this at the Colorado court’s website
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Only the court can change your court date. You may contact them at the numbers listed above. It will assist them if you have your case number ready when you call.
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You should contact the court at one of the numbers listed above as soon as possible to minimize the possibility of a warrant being issued for your arrest. If you have an attorney you should also contact them as soon as possible. If you posted bail with the assistance of a bondsman you should also contact them and advise them that you missed your court date.
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Please contact our office and provide the defendant’s name, date of birth, case number and the county where the defendant died. Please provide your contact information also. Once the death is confirmed their case will be dismissed.
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If you had an attorney in your case you should contact them to assist you with possibly getting your sentence changed. If you do not have an attorney you can file a motion asking the court to modify your sentence.
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Once that motion has been filed with the court the judge will decide whether to issue a summons or a warrant for your arrest. You should receive a copy of the court’s order in the mail. If you have questions about the court’s order if you do not receive one in the mail you may contact the court at the numbers listed above.
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This depends on the type of case you are wanting to seal. If you wish to seal a case where you were charged with Minor in Possession of Alcohol (C.R.S. 18-13-122) you may file a petition to seal in the court in which you were convicted. If you wish to seal some other type of conviction you may be eligible to seal your case under C.R.S. 24-72-308. You may want to contact an attorney to assist you with this or you can get more information at the Colorado court’s website
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You must contact the court and resolve the outstanding judgment warrant with them.
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You may contact your local law enforcement agency for assistance as directed by C.R.S. 16-5-103(3). You may also file a motion with the court claiming that you have been the victim of identity theft. You may also get additional information at the Colorado court’s website
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If you have an attorney we cannot talk to you about whatever issues you may have. You must address your concerns with your attorney. If you are not represented by an attorney you may address your concerns to District Attorney Mark Hurlbert.
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