Colorado § 16-7-202 Presence of defendant

Colorado Statutes

§ 16-7-202 — Presence of defendant

Colorado·Title 16 Criminal·Art. Separate Trial - Arraignment - Plea Agreements -

(1)If the offense charged is a felony, a level 1 drug misdemeanor, or a class 1 misdemeanor or if the maximum penalty for the offense charged is more than one year's imprisonment, the defendant must be personally present for arraignment; except that the court, for good cause shown, may accept a plea of not guilty made by an attorney representing the defendant without requiring the defendant to be personally present. In all prosecutions for lesser offenses, the defendant may appear by his or her attorney who may enter a plea on his or her behalf. If the defendant appears personally for a charge that is not in title 42, the court may advise the defendant of the possibility that restorative justice practices may be part of a sentence, if available in the jurisdiction.

(2)If a plea

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(1) If the offense charged is a felony, a
level 1 drug misdemeanor, or a class 1 misdemeanor or if the maximum penalty for
the offense charged is more than one year's imprisonment, the defendant must be
personally present for arraignment; except that the court, for good cause shown,
may accept a plea of not guilty made by an attorney representing the defendant
without requiring the defendant to be personally present. In all prosecutions for
lesser offenses, the defendant may appear by his or her attorney who may enter a
plea on his or her behalf. If the defendant appears personally for a charge that is
not in title 42, the court may advise the defendant of the possibility that restorative
justice practices may be part of a sentence, if available in the jurisdiction.

(2) If a plea of guilty or nolo contendere (no contest) is entered by counsel in
the absence of the defendant, the court may command the appearance of the
defendant in person for the imposition of sentence.

Colorado § 16-7-202 (Presence of defendant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 221, � 1. C.R.S. 1963: � 39-7-202. L. 2011: (1) amended, (HB 11-1032), ch. 296, p. 1400, � 1, effective August 10. L. 2013: (1) amended, (SB 13-250), ch. 333, p. 1930, � 42, effective October 1. L. 2017: (1) amended, (HB 17-1039), ch. 58, p. 182, � 1, effective August 9.