Colorado § 16-5-101 Commencement of prosecution

Colorado Statutes

§ 16-5-101 — Commencement of prosecution

Colorado·Title 16 Criminal·Art. Commencement of Criminal Action

(1)Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways:

(a)By the return of an indictment by a grand jury;

(b)By the filing of an information in the district court;

(c)By the filing of a felony complaint in the county court;

(d)Prosecution of a misdemeanor, petty offense, or civil infraction may be commenced in the county court by:

(I)The issuance of a summons and complaint;

(II)The issuance of a summons following the filing of a complaint;

(III)The filing of a complaint following an arrest; or

(IV)The filing of a summons and complaint following arrest, or, in the event that the offense is a civil infraction, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.

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(1) Unless otherwise provided by
law, a criminal action for violation of any statute may be commenced in one of the
following ways:

(a) By the return of an indictment by a grand jury;

(b) By the filing of an information in the district court;

(c) By the filing of a felony complaint in the county court;

(d) Prosecution of a misdemeanor, petty offense, or civil infraction may be
commenced in the county court by:

(I) The issuance of a summons and complaint;

(II) The issuance of a summons following the filing of a complaint;

(III) The filing of a complaint following an arrest; or

(IV) The filing of a summons and complaint following arrest, or, in the event
that the offense is a civil infraction, by the issuance of a notice of penalty
assessment pursuant to section 16-2-201.

(2) The procedures governing felony complaints filed in the county court and
warrants or summonses issued in connection therewith shall be in accordance with
and as required by the applicable provisions of the rules of criminal procedure
promulgated by the supreme court of Colorado.

(3) Where the offense charged is a misdemeanor or petty offense, the action
may be commenced in the county court as provided in subsection (1)(d) of this
section, and the issues shall then be tried in the county court. As to misdemeanors
or petty offenses thus filed and tried in the county court, the simplified procedures
enumerated in part 1 of article 2 of this title shall be applicable.

Colorado § 16-5-101 (Commencement of prosecution) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 213, � 1. C.R.S. 1963: � 39-5-101. L. 2021: IP(1)(d) and (1)(d)(IV) amended, (SB 21-271), ch. 462, p. 3162, � 170, effective March 1, 2022.