Colorado § 16-5-202 Requisites of information - form

Colorado Statutes

§ 16-5-202 — Requisites of information - form

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

(1)The information is sufficient if it can be understood therefrom:

(a)That it is presented by the person authorized by law to prosecute the offense;

(b)That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant;

(c)That the offense was committed within the jurisdiction of the court or is triable therein;

(d)That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction.

(2)The information may be in the following form: STATE OF COLORADO ) ) ss. County of.................................................) In the ........ Court ........ The People of the State of Colorado, agai

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(1) The information is sufficient
if it can be understood therefrom:

(a) That it is presented by the person authorized by law to prosecute the
offense;

(b) That the defendant is identified therein, either by name or by the
defendant's patterned chemical structure of genetic information, or described as a
person whose name is unknown to the informant;

(c) That the offense was committed within the jurisdiction of the court or is
triable therein;

(d) That the offense charged is set forth with such degree of certainty that
the court may pronounce judgment upon a conviction.

(2) The information may be in the following form:

STATE OF COLORADO )

) ss.

County of.................................................)

In the ........ Court ........ The People of the State of Colorado, against ........ A ........
B ........ C ........ D ........, district attorney within and for the .......... judicial district of the
state of Colorado, in the county of .......... in the state aforesaid, in the name and by
the authority of the people of the state of Colorado, informs the court that A ........ B
........ on the ........ day of ......... A.D. 20 ...., at the said county of .........., did (here state the
offense) against the peace and dignity of the people of the state of Colorado.

C .............................................

D ............................................

District Attorney.

or C ....................... D ......................, District Attorney,

by H ...................... M ......................, Deputy.

(3) An information may be filed using the language of the statute defining
the offense, including either conjunctive or disjunctive clauses. Pleading in either
the conjunctive or the disjunctive shall place a defendant on notice that the
prosecution may rely on any or all of the alternatives alleged.

(4) A court shall not refuse to accept a complaint or information that
contains the requirements of this section.

Colorado § 16-5-202 (Requisites of information - form) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 214, � 1. C.R.S. 1963: � 39-5-202. L. 2000: (1) amended, p. 454, � 13, effective April 24. L. 2003: (3) and (4) added, p. 972, � 2, effective April 17.