ArraignmentIf you wish to plead not guilty and set your case for a trial, you must appear in court on your arraignment date. You cannot enter a plea by mail or by phone to set a case for trial. You will receive your trial date when you appear.
Trial SettingIf you elect to set your case for a trial by jury and are eligible for a jury trial, you usually have to return to court for a trial setting date. This allows time for you to complete the written jury demand and pay the $25 jury deposit as required by Colorado law.
Trial DateOn your trial setting date, the judge and prosecutor will confer with you about a trial date that is convenient for all involved. Only one jury trial is scheduled at a time and it will be scheduled for the whole day, usually on a Monday, Tuesday or Friday.
Court-Appointed AttorneyIf you are indigent and desire an attorney, the court, upon request in applicable cases, can appoint an attorney to represent you. If you are indigent and desire a jury trial, and are eligible for one, the court can waive the jury fee requirement.
What to Expect During a Trial
Either the prosecution or the defense (you) may choose to make an opening statement. An opening statement is not evidence but, rather, a statement about what you intend to present. The defense may choose to waive or make an opening statement prior to presenting your defense.
Evidence from the Prosecution
After opening statements, the prosecution will offer evidence. Evidence consists of the sworn testimony of the witnesses, the exhibits received in evidence and stipulated, admitted, or judicially noticed facts.
Evidence from the DefendantAfter the prosecution’s evidence, the defendant may present evidence, but the defense is not required to do so. The prosecution must prove your guilt beyond a reasonable doubt; you do not have to prove your innocence or call any witnesses or introduce any evidence.
ObjectionsAt times during the trial, the prosecution and the defense may make objections. It is the duty of a lawyer to object to evidence which he believes may not properly be offered and it is the right of the defendant to make objections to evidence, which you believe may not properly be offered. If the judge sustains an objection to a question, the witness may not answer it. If the judge overrules an objection, the witness must answer the question.
Closing StatementsAt the conclusion of the evidence, either the prosecution or the defense may make a closing statement if preferred. A closing statement is not evidence but, rather, a statement about what prosecution and defense each believe was proven or not proven by the evidence presented in your case.
Defendant's RightsAs a defendant in this court, you have the following rights:
- The right to be presumed innocent until proven guilty beyond a reasonable doubt.
- The right to have bail set if you are in custody.
- The right to plead not guilty and have your case set for a trial to the court, which is a trial to a judge or to a jury if allowed by law.
- The right to testify or not testify on your own behalf. If you choose to remain silent, the fact that you do so cannot and will not be used against you.
- The right to be represented by an attorney of your own choosing, at your own expense.
- The right to request and receive a continuance or postponement to consult with an attorney, prior to entering a plea in your case.
- The right to confront and cross-examine or question any witness who testifies against you.
- The right to present evidence or a defense. You have no obligation to do so as your are presumed innocent of the charges until proven guilty beyond a reasonable doubt.
- The right to call witnesses on your behalf. If your witnesses will not appear voluntarily, you have the right - prior to the date of your trial - to request and receive subpoenas without cost (subpoenas are court orders used to compel the attendance of any witnesses you want present at the time of your trial).
The right to be advised of and understand the elements of the charge or charges filed against you.
- You have the right to appeal any conviction from this court to the Adams County District Court.