Colorado § 16-7-301 Propriety of plea discussions and plea agreements

Colorado Statutes

§ 16-7-301 — Propriety of plea discussions and plea agreements

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

(1)Where it appears that the effective administration of criminal justice will thereby be served, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement. The district attorney should engage in plea discussions or reach plea agreements with the defendant only through or in the presence of defense counsel except where the defendant is not eligible for appointment of counsel because the defendant is not indigent or the charged offense does not include a possible sentence of incarceration or because the defendant refuses appointment of counsel and has not retained counsel.

(2)The district attorney may agree to one or more of the following, depending upon the circumstances of the individual case:

(a)To make or not to oppose favorable reco

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(1) Where it
appears that the effective administration of criminal justice will thereby be served,
the district attorney may engage in plea discussions for the purpose of reaching a
plea agreement. The district attorney should engage in plea discussions or reach
plea agreements with the defendant only through or in the presence of defense
counsel except where the defendant is not eligible for appointment of counsel
because the defendant is not indigent or the charged offense does not include a
possible sentence of incarceration or because the defendant refuses appointment
of counsel and has not retained counsel.

(2) The district attorney may agree to one or more of the following,
depending upon the circumstances of the individual case:

(a) To make or not to oppose favorable recommendations concerning the
sentence to be imposed if the defendant enters a plea of guilty or nolo contendere
(no contest);

(b) To seek or not to oppose the dismissal of an offense charged if the
defendant enters a plea of guilty or nolo contendere (no contest) to another offense
reasonably related to the defendant's conduct;

(c) To seek or not to oppose the dismissal of other charges or not to
prosecute other potential charges against the defendant if the defendant enters a
plea of guilty or nolo contendere (no contest);

(d) To consent to diversion, as provided in section 18-1.3-101, C.R.S.;

(e) To consent to deferred sentencing, as provided in section 18-1.3-102,
C.R.S.;

(f) To consent to an assessment for suitability for participation in restorative
justice practices, including victim-offender conferences.

(3) Defendants whose situations are similar should be afforded similar
opportunities for plea agreement.

(4) Repealed.

(5) Any plea agreement in a case involving a plea to a violation of article 18
of title 18, C.R.S., may not require a waiver by the defendant of the right to petition
to have the defendant's criminal conviction records sealed pursuant to part 3 of
article 72 of title 24, C.R.S.

Colorado § 16-7-301 (Propriety of plea discussions and plea agreements) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 223, � 1. C.R.S. 1963: � 39-7-301. L. 75: IP(2) amended and (2)(d) and (2)(e) added, p. 609, � 1, effective March 12. L. 92: (1) amended and (4) added, p. 465, � 2, effective July 1. L. 93: (4) amended, p. 1285, � 2, effective July 1. L. 2002: (2)(d) and (2)(e) amended, p. 1491, � 135, effective October 1. L. 2013: (2)(d) amended, (HB 13-1156), ch. 336, p. 1957, � 4, effective August 7; (5) added, (SB 13-250), ch. 333, p. 1925, � 32, effective October 1; (1) amended and (4) repealed, (HB 13-1210), ch. 306, p. 1622, � 1, effective January 1, 2014. L. 2017: (2)(f) added, (HB 17-1039), ch. 58, p. 183, � 3, effective August 9.