Appearance of defendant before judge - subsequent procedure.

Checkout our iOS App for a better way to browser and research.

(1) Upon appearance of the defendant before the judge in response to a summons or following arrest for a misdemeanor or a petty offense and in all proceedings thereafter unless otherwise provided in this code, the Colorado rules of criminal procedure are applicable. Prosecution may be conducted on the summons and complaint or the separate complaint if one has been filed. Trial may be held forthwith if the court calendar permits, immediate trial appears proper, and the parties do not request a continuance for good cause. Otherwise, the case shall be set for trial as soon as possible.

(2) Upon appearance before a judge for an offense under section 42-2-138 (1)(d) or 424-1301 (1) or (2)(a), C.R.S., the judge may order conditions of the summons, including but not limited to drug and alcohol evaluation and treatment. For a violation of an order entered pursuant to this subsection (2), a court may revoke the summons, issue a warrant for the defendant's arrest, and impose bail pursuant to the provisions of article 4 of this title.

Source: L. 72: R&RE, p. 195, § 1. C.R.S. 1963: § 39-2-113. L. 2008: Entire section amended, p. 785, § 2, effective July 1.


Download our app to see the most-to-date content.