Colorado § 18-1-404 Preliminary hearing or waiver - dispositional hearing

Colorado Statutes

§ 18-1-404 — Preliminary hearing or waiver - dispositional hearing

Colorado·Title 18 Criminal·Art. Provisions Applicable to

(1)Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, or is a sexual offense under part 4 of article 3 of this title, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense cha

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(1) Every
person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct
information or felony complaint has the right to demand and receive a preliminary
hearing within a reasonable time to determine whether probable cause exists to
believe that the offense charged in the information has been committed by the
defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by
direct information or felony complaint which felony requires mandatory sentencing
or is a crime of violence as defined in section 18-1.3-406, or is a sexual offense
under part 4 of article 3 of this title, shall have the right to demand and receive a
preliminary hearing within a reasonable time to determine whether probable cause
exists to believe that the offense charged in the information or felony complaint
was committed by the defendant. The procedure to be followed in asserting the
right to a preliminary hearing, and the time within which demand therefor must be
made, as well as the time within which the hearing, if demanded, shall be had, shall
be as provided by rule of the supreme court of the state of Colorado. A failure to
observe and substantially comply with such rule is a waiver of the right to a
preliminary hearing.

(2) (a) No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug
felony by direct information or felony complaint, except those which require
mandatory sentencing or which are crimes of violence as defined in section 18-1.3-406, or which are sexual offenses under part 4 of article 3 of this title, shall have
the right to demand or receive a preliminary hearing; except that such person shall
participate in a dispositional hearing for the purposes of case evaluation and
potential resolution.

(b) Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4
drug felony who is not otherwise entitled to a preliminary hearing pursuant to
paragraph (a) of this subsection (2), may demand and shall receive a preliminary
hearing within a reasonable time pursuant to subsection (1) of this section, if the
defendant is in custody; except that, upon motion of either party, the court shall
vacate the preliminary hearing if there is a reasonable showing that the defendant
has been released from custody prior to the preliminary hearing.

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Legislative History

Source: L. 71: R&RE, p. 398, � 1. C.R.S. 1963: � 40-1-504. L. 98: Entire section amended, p. 1272, � 2, effective July 1. L. 2002: (1) and (2)(a) amended, p. 1510, � 178, effective October 1. L. 2014: Entire section amended, (SB 14-163), ch. 391, p. 1970, � 6, effective June 6.