Colorado § 18-1-304 Former prosecution not a bar

Colorado Statutes

§ 18-1-304 — Former prosecution not a bar

Colorado § 18-1-304

Title 18Criminal

Art.Provisions Applicable to

This text of Colorado § 18-1-304 (Former prosecution not a bar) 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. § 18-1-304 (2026).

Text

(1)A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:

(a)Was before a court that lacked jurisdiction over the defendant or the offense; or

(b)Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or

(c)Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.

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(1) A former prosecution is not a
bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:

(a) Was before a court that lacked jurisdiction over the defendant or the
offense; or

(b) Was procured by the defendant without the knowledge of the appropriate
prosecuting official and with the intent to avoid the sentence that otherwise might
be imposed; or

(c) Resulted in a judgment of conviction that was set aside, reversed, or
vacated upon appeal or in any other subsequent judicial proceeding.