H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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2014 Criminal Court Deadlines Under Colorado Criminal Law – When You Have To File – What You Have To Do

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2014 Criminal Court Deadlines Under Colorado Criminal Law - When You Have To File - What You Have To Do.jpg
By H. Michael Steinberg Colorado Criminal Lawyer

What follows are questions and answers about one of the most important questions under Colorado criminal law .

 

WHEN do certain things have to happen – what are the deadlines for the government and for the accused Defendant?

This short article is to help the public understand those deadlines and where to find more information about those deadlines.

When Must Search Warrants Be Executed In Colorado?

Execution of search warrant – 2 weeks (14 days) after their issuance [Source – Crim.P. 41(d)(5)(VI) at 24, CMCR 241(d) at 9 and CRS Section 16-3-305(6) at 32, Section 60

When Must A Summons To Appear In Court Be Mailed?

Summons–service by mail must be sent at least 2 weeks (14 days) before appearance date – Crim.P. 4(c)(2)(III) at 12 Crim.P. 4.1(c)(1) at 13 – CRS Section 16-5-206(3) at 40, Section 73 – CRS Section 16-2-109 at 29, Section 57.

When Can I Expect My Bond Return Court Date To Be Set?

An Arrestee’s bail bond return date to the jurisdiction issuing arrest warrant at least 2 weeks (14 days) after appearance – Crim.P. 5(a)(3) at 13 – Crim.P. 5(c)(3) at 14.

When Must I File My Demand For A Felony Preliminary Hearing?

Preliminary Hearing–demand in county court – 1 week (7 days) after defendant brought before court Crim.P. 5(a)(4)(I) and (a)(5) at 13, 14

When Must The Preliminary Hearing Be Held?

Preliminary hearing must be set and heard 5 weeks (35 days) after setting Crim.P. 5(a)(4)(I) at 13 (county court) Crim.P. 7(h)(2) at 15 (district court).


When Must The DA Provide Me With All Of The Discovery (police reports) Before Trial?

Discovery–prosecution tail-end disclosures at least 5 weeks (35 days) before trial Crim.P. 16(I)(b)(3) at 16

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When Must I Comply With My Discovery Disclosures To The Prosecution?

Discovery–defense disclosures (felony cases) – at least 5 weeks (35 days) before trial Crim.P. 16(II)(c) and (V)(b)(1) at 16, 17 Crim.P. 16(II)(d) at 16 CRS Section 16-7-102 at 41, Section 75.

Discovery–defense disclosures (non- felony cases) at least 5 weeks (35 days) before trial (alibi disclosures) at least 1 week (7 days) before trial (other disclosures) Crim.P. 16(II)(d) at 16 Crim.P. 16(II)(c) and (V)(b)(1), at 16, 17 CRS Section 16-7-102 at 41, Section 75

I Lost At Trial – What Deadlines Do I Face To File Post Verdict Motions – Appeals?

Motion for acquittal – 2 weeks (14 days) after jury discharge Crim.P. 29(c), at 18 CMCR 229(c) at 9

Motion for new trial – 2 weeks (14 days) after verdict Crim.P. 33(c), at 21
Motion for sentence reduction – 18 weeks (126 days) Crim.P. 35(b) at 21
Motion to correct sentence imposed in illegal manner – 18 weeks (126 days) Crim.P. 35(b) at 21
35(c) motion compliant with – 7 weeks (49 days) Crim.P. 35(c)(3)(III) at 21
35(c) motion–court review 9 weeks (63 days) Crim.P. 35(c)(3)(IV) at 21-22

County Court Appeals

Docket appeal in district court and file notice of appeal – 5 weeks (35 days) Crim.P. 37(a) at 22 CRS Section 16-2-114(1) at 30, Section 58
Motion for acquittal – 2 weeks (14 days) after jury discharge Crim.P. 29(c), at 18 CMCR 229(c) at 9
Motion for new trial – 2 weeks (14 days) after verdict Crim.P. 33(c), at 21
Motion for sentence reduction – 18 weeks (126 days) Crim.P. 35(b) at 21
Motion to correct sentence imposed in illegal manner – 18 weeks (126 days) Crim.P. 35(b) at 21
35(c) motion compliant with Form 4 – 7 weeks (49 days) Crim.P. 35(c)(3)(III) at 21

I Am Being Accused Of Violating My Probation – What Deadlines Apply?

Probation revocation hearing – (in-custody) – Must be set within 2 weeks (14 days) after complaint is filed Crim.P. 32(f )(4), at 18 CRS Section 16-11-206(4), at 49, Section 87
Probation revocation-action upon proof of violation – 1 week (7 days) after hearing Crim.P. 32 (f )(5), at 18 CRS Section 16-11-206(5), at 49, Section 87