Court Business

• Publication year: 2000
• Pages: 129
• Citation: Vol. 29 No. 11 Pg. 129

29 Colo.Law. 129 Colorado Lawyer 2000.

2000, November, Pg. 129. Court Business

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129

Vol. 29, No. 11, Pg. 129

The Colorado Lawyer
November 2000
Vol. 29, No. 11 [Page 129]

From the Courts
Court Business
Court Business

Colorado Supreme Court Rules Committee

Rule Change No. 2000(20).
C.R.C.P. Chapter 20. Attorney Discipline and Disability Proceedings
Amended

The primary purpose of these rule changes is to discontinue the Appellate Discipline Commission. They also provide procedural rules for appeals from the Presiding Disciplinary Judge to be fielded directly with the Colorado Supreme Court

The complete text of the rule changes can be found on the Court’s website: courts.state.co.us. For information, call the office of the Clerk of the Court at (303) 861-1111

Rule change amended September 1, 2000

By the Court:

Rebecca Love Kourlis
Justice, Colorado Supreme Court

Rule Change #2000(21)
C.R.Crim.P. Chapter 29.
Colorado Rules of Criminal Procedure for
All Courts of Record in Colorado
Amended and Adopted

Rule 5. Preliminary Proceedings

(a) Felony Proceedings.

(1) Procedure Following Arrest. If a peace officer or any other person makes an arrest, either with or without a warrant, the arrested person shall be taken without unnecessary delay before the nearest available county or district court. Thereafter, a felony complaint, information, or indictment shall be filed, if it has not already been filed, without unnecessary delay in the proper court and a copy thereof given to the defendant.

(2) Appearance Before the Court. At the first appearance of the defendant in court, it is the duty of the court to inform the defendant and make certain that the defendant understands the following:

(I) The defendant need make no statement and any statement made can and may be used against the defendant;

(II) The right to counsel;

(III) If indigent, the defendant has the right to request the appointment of counsel or consult with the public defender before any further proceedings are held;

(IV) Any plea the defendant makes must be voluntary and not the result of undue influence or coercion;

(V) The right to bail, if the offense is bailable, and the amount of bail that has been set by the court;

(VI) The nature of the charges;

(VII) The right to a jury trial;

(VIII) The right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged was committed by the defendant.

(3) Appearance in the Court not Issuing the Warrant. If the defendant is taken before a court which did not issue the arrest warrant, the court shall inform the defendant of the matters set out in subsection (a)(2) of this Rule and, allowing time for travel, set bail returnable not less than ten days thereafter before the court which issued the arrest warrant, and shall transmit forthwith a transcript of the proceedings and all papers in the case to the court which issued the arrest warrant. In the event the defendant does not make bail within forty-eight hours, the sheriff of the county in which the arrest warrant was issued shall return the defendant to the court which issued the warrant.

(4) Preliminary Hearing — County Court Procedures Every person accused of a class 1, 2, or 3 felony in a felony complaint has the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 16-11-309 or is a sexual offense under part 4 of article 3 of title 18, C.R.S., shall have the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant. However, any defendant accused of a class 4, 55, or 6 felony who is not otherwise entitled to a preliminary hearing may request a preliminary hearing if the defendant is in custody for the offense for which the preliminary hearing is requested; except that, upon motion of either party, the court...