Colorado Supreme Court Rules Committee, 1117 COBJ, Vol. 46, No. 10 Pg. 82

46 Colo.Law. 82

Colorado Supreme Court Rules Committee

Vol. 46, No. 10 [Page 82]

The Colorado Lawyer

November, 2017

COURT BUSINESS

Correction to Rule Change 2017(08): Colorado Rules of Criminal Procedure

Rule 4. Warrant or Summons Upon Felony Complaint

(a) Issuance.

(1) Request by Prosecution. Upon the filing of a felony complaint in the county court, the prosecuting attorney shall request that the court issue either a warrant for the arrest of the defendant or a summons to be served on die defendant.

(2) Affidavits or Sworn Testimony. If a warrant is requested, the felony complaint must contain or be accompanied by a sworn statement of facts establishing probable cause to believe that a criminal offense has been committed, and that die offense was committed by die person for whom die warrant is sought. In lieu of such a sworn statement, die felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by die witness giving the testimony.

(3) Summons in Lieu of Warrant. Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and unclassified felonies punishable by a maximum penalty of more than 10 years, whenever a felony complaint has been filed prior to die arrest of die person named as defendant therein, die court shall have power to issue a summons commanding die appearance of die defendant in lieu of an arrest warrant, unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim's or public's safety may be compromised. If empowered to issue a summons under this subsection (a)(3), die court shall issue a summons instead of an arrest warrant when die prosecuting attorney so requests.

(4) Standards Relating to Issuance of Summons. Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and unclassified felonies punishable by a maximum penalty of more than 10 years the general policy shall favor issuance of a summons instead of a warrant for die arrest of the defendant. When an application is made to a court for issuance of an arrest warrant or summons, die court may require die applicant to provide such information as reasonably is available concerning die following:

(I) - (V) [NO CHANGE]

(5) Failure to Appear. If any person properly summoned pursuant to this Rule fails...