Colorado § 16-2-104 Issuance of summons and complaint

Colorado Statutes

§ 16-2-104 — Issuance of summons and complaint

Colorado § 16-2-104

Title 16Criminal

Art.County Court Provisions

This text of Colorado § 16-2-104 (Issuance of summons and complaint) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-2-104 (2026).

Text

A summons and complaint
may be issued by any peace officer for an offense constituting a misdemeanor or a
petty offense committed in the peace officer's presence or, if not committed in the
peace officer's presence, that the peace officer has probable cause to believe was
committed and probable cause to believe was committed by the person charged.
Except for penalty assessment notices, which must be handled pursuant to the
procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and
complaint so issued must be filed immediately with the county court before which
appearance is required, and a second copy must be given to the district attorney or
deputy district attorney for the county.

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A summons and complaint
may be issued by any peace officer for an offense constituting a misdemeanor or a
petty offense committed in the peace officer's presence or, if not committed in the
peace officer's presence, that the peace officer has probable cause to believe was
committed and probable cause to believe was committed by the person charged.
Except for penalty assessment notices, which must be handled pursuant to the
procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and
complaint so issued must be filed immediately with the county court before which
appearance is required, and a second copy must be given to the district attorney or
deputy district attorney for the county.

Legislative History

Source: L. 72: R&RE, p. 193, � 1. C.R.S. 1963: � 39-2-104. L. 73: p. 498, � 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3160, � 165, effective March 1, 2022. L. 2022: Entire section amended, (HB 22-1229), ch. 68, p. 341, � 9, effective March 1.