^^RSBM
Rule 7 - The Indictment and the Information
Rule 7 of Colorado Rules of Criminal Procedure provides for delivering criminal charges by either 1) Indictment or 2)
Information.
I think I posted this in the prior thread. In some states, all felony cases go in front of a grand jury and are charged by indictment, but in Colorado, the vast majority of cases are filed via
information.
When a case is filed by
information, the police officers will bring police reports and witness statements to the District Attorney’s Office ("DA"). At this time, they make a decision whether charges are warranted or not, and what those charges should be. The DA files a complaint and
information with the court that outlines the charges against the defendant.
This is the preferred method to file charges in Colorado according to the statues.
This doesn't mean that grand jury indictments don't happen because they are provided for in Rule 7, it's just seldom used here. In cases I've followed, I think I can only remember one time when grand jury was used -- 1999, JonBenet Ramsey.
In cases that are of public importance, involve public corruption, or where witnesses need to be protected, that's when Colorado will use a grand jury.
I certainly don't see a grand jury for this case.
If you follow Colorado cases, you'll recognize the following procedures: arrest, advisement, bond, and preliminary hearing, arraignment, jury trial, and sentencing.
It's the preliminary hearing that most of us here live for. (Also, a preliminary hearing isn't part of the "grand jury" procedure). It's one of the reasons why I personally prefer criminal charges by
information.
Also, unique to Colorado's criminal court procedure is that cameras are only allowed in the courtroom for
advisements and
arraignments.
Preliminary Hearing: At this hearing, the District Attorney will be required to present sufficient evidence to prove that it is more likely than not that the accused committed the crime or crimes he/she is charged with committing.
The District Attorney is not required to put on all of their evidence or even the testimony of the victim. The court will allow statements of witnesses to come into evidence through a detective or other police officer. The accused will not testify. With few exceptions, only persons charged with a class 1, 2, or 3 felony or who are in jail on a class 4, 5, or 6 are entitled to this hearing.
Any person may waive their right to a preliminary hearing. Waiving the hearing is not unusual and is done to keep open a plea bargain. By waiving a preliminary hearing, the accused does not waive any other of his/her rights.
See attached links for definitions worth holding on to if you follow Colorado cases.
http://www.coloradodefenders.us/wp-...e-to-the-colorado-criminal-justice-system.pdf
Rule 7 - The Indictment and the Information, Colo. R. Crim. P. 7 | Casetext Search + Citator