Separate Trial - Arraignment - Plea Agreements - Deferred Prosecution and Deferred Sentencing

C.R.S. tit. 16, art. 7
in effect

C.R.S. § 16-7-101 Separate trial of joint defendants

16-7-101. Separate trial of joint defendants. When two or more defendants are jointly indicted or informed against for any offense and there is material evidence, not relating to reputation, which is admissible against one or some of them but which is not admissible against all of them if they are tried separately and which is prejudicial to those against whom it is not admissible, those against whom such evidence is admissible shall be tried separately upon motion of any of those against whom the evidence is not admissible. In all other cases, defendants jointly prosecuted shall be tried separately or jointly in the discretion of the court.

C.R.S. § 16-7-102 Required notice of defense of alibi

16-7-102. Required notice of defense of alibi. If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defendant will call to support the defense of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi as soon as practicable after the names of such witnesses become known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with the specification statement unless the court for good cause and upon just terms permits the specification statement to be amended. If the defendant fails to make the specification required by this section, the court shall exclude evidence offered in support of the defense of alibi unless the court finds upon good cause shown that such evidence should be admitted in the interest of justice.

C.R.S. § 16-7-201 Place of arraignment

16-7-201. Place of arraignment. The defendant shall be arraigned in the court having trial jurisdiction in which the indictment, information, or complaint is filed, unless before arraignment the cause has been removed to another court, in which case he shall be arraigned in that court.

C.R.S. § 16-7-202 Presence of defendant

16-7-202. Presence of defendant. (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.

C.R.S. § 16-7-203 Irregularity of arraignment

16-7-203. Irregularity of arraignment. No irregularity in the arraignment which does not affect the substantial rights of the defendant shall affect the validity of any proceeding in the cause if the defendant pleads to the charge or proceeds to trial without objecting to the irregularity.

C.R.S. § 16-7-204 Procedures on arraignment

16-7-204. Procedures on arraignment. The procedure to be followed upon arraignment shall be in compliance with the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.

C.R.S. § 16-7-205 Pleas authorized on arraignment

16-7-205. Pleas authorized on arraignment. (1) A defendant personally, or, where permissible, by counsel may orally enter: (a) A plea of guilty; or (b) A plea of not guilty; or (c) A plea of nolo contendere (no contest) with the consent of the court; or (d) A plea of not guilty by reason of insanity, in which event a not guilty plea may also be entered.

C.R.S. § 16-7-206 Guilty pleas - procedure and effect

16-7-206. Guilty pleas - procedure and effect. (1) Every person charged with an offense shall be permitted to tender a plea of guilty to that offense if the following conditions have been satisfied: (a) The court shall have advised the defendant that if the plea is accepted the defendant shall be determined to have waived his right to trial by jury on all issues including the determination of the penalty to be assessed, and the court shall also have advised the defendant as to the maximum and minimum penalties that the court may impose. (b) In class 1 felonies or where the plea of guilty is to a lesser included offense, a written consent has been filed with the court by the district attorney. (c) In all felony, level 1 drug misdemeanor, and class 1 misdemeanor cases, the defendant shall be represented by counsel or waive his right thereto in open court, and the guilty plea shall be tendered in open court by the defendant in the presence of counsel, if any. (2) The refusal or consent of the district attorney or the court to accept a plea of guilty to the charge shall not be a basis for assignment of error, and such refusal or acceptance by the district attorney or court is final. (3) The acceptance by the court of a plea of guilty acts as a waiver by the defendant of the right to trial by jury on all issues including the determination of the penalty to be assessed, and the acceptance of such plea also acts as a conviction for the offense.

C.R.S. § 16-7-207 Court's duty to inform on first appearance in court and on pleas of guilty

16-7-207. Court's duty to inform on first appearance in court and on pleas of guilty. (1) At the first appearance of the defendant in court or upon arraignment, whichever is first in time, it is the duty of the judge to inform the defendant and make certain that the defendant understands the following: (a) The defendant need make no statement, and any statement made can and may be used against him or her. (b) The defendant has a right to counsel. (c) If the defendant is an indigent person, he or she may make application for a court-appointed attorney, and, upon payment of the application fee, he or she will be assigned counsel as provided by law or applicable rule of criminal procedure. (d) Any plea the defendant makes must be voluntary on his or her part and not the result of undue influence or coercion on the part of anyone. (e) The defendant has a right to bail, if the offense is bailable, and the amount of bail that has been set by the court. (f) The defendant has a right to a jury trial. (g) The nature of the charges against the defendant. (2) The court shall not accept a plea of guilty or nolo contendere (no contest) without first determining that the defendant is advised of all the matters set forth in subsection (1) of this section and also determining: (a) That the defendant understands the nature of the charge and the elements of the offense to which he is pleading and the effect of his plea; (b) That the plea is voluntary on defendant's part and is not the result of undue influence or coercion on the part of anyone; (c) That he understands the right to trial by jury; (d) That he understands the possible penalty or penalties and the possible places of incarceration; (e) That the defendant understands that the court will not be bound by any representations made to the defendant by anyone concerning the penalty to be imposed or the granting or the denial of probation, unless the representations are included in a formal plea agreement approved by the court and supported by the findings of the presentence report, if any; and (f) That there is a factual basis for the plea. If the plea is entered as a result of a plea agreement, the court shall explain to the defendant and satisfy itself that the defendant understands the basis for the plea agreement, and the defendant may then waive the establishment of a factual basis for the particular charge to which he pleads guilty. (3) This section applies to prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited and for which a court shall not issue a bench warrant, including a warrant for failure to appear.

C.R.S. § 16-7-207.5 Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty

16-7-207.5. Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty. (1) At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that the defendant may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. If the jurisdiction does not have a veterans treatment court, the court shall inform the defendant of the possibility of petitioning to transfer probation supervision after a plea or sentence in a case to a jurisdiction with a veterans treatment court pursuant to section 18-1.3-202.5. (2) The court shall not accept a plea of guilty or nolo contendere without first determining whether the defendant is serving in the United States armed forces or is a veteran of such forces and, if so, informing the defendant as described in subsection (1) of this section. (3) This section applies to, but is not limited to, prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited.

C.R.S. § 16-7-208 Failure or refusal to plead

16-7-208. Failure or refusal to plead. If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or a plea of nolo contendere (no contest), or if a corporation fails to appear, the court shall enter a plea of not guilty. If for any reason a plea has not been entered, the case shall for all purposes be considered as one in which a plea of not guilty has been entered.

C.R.S. § 16-7-301 Propriety of plea discussions and plea agreements

16-7-301. Propriety of plea discussions and 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 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.

C.R.S. § 16-7-302 Responsibilities of the trial judge with respect to plea discussions and agreements

16-7-302. Responsibilities of the trial judge with respect to plea discussions and agreements. (1) The trial judge shall not participate in plea discussions. (2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or nolo contendere (no contest) in the expectation that other charges before that court will be dismissed or that sentence concessions will be granted, the trial judge may, upon request of the parties, permit the disclosure to him of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. He may then indicate to the district attorney and defense counsel or defendant whether he will concur in the proposed disposition if the information in the presentence report is consistent with the representations made to him. If the trial judge concurs but later decides that the final disposition should not include the charge or sentence concessions contemplated by the plea agreement, he shall so advise the defendant and then call upon the defendant to either affirm or withdraw his plea of guilty or nolo contendere (no contest). (3) Notwithstanding the reaching of a plea agreement between the district attorney and defense counsel or defendant, the judge in every case should exercise an independent judgment in deciding whether to grant charge and sentence concessions.

C.R.S. § 16-7-303 Fact of discussion and agreement not admissible

16-7-303. Fact of discussion and agreement not admissible. Except as to proceedings resulting from a plea of guilty or nolo contendere (no contest) which is not withdrawn, the fact that the defendant or his defense counsel and the district attorney engaged in plea discussions or made a plea agreement shall not be received in evidence against or in favor of the defendant in any criminal or civil action or administrative proceeding.

C.R.S. § 16-7-304 Charges for bad checks

16-7-304. Charges for bad checks. The department or agency supervising the collection of restitution agreed to as a condition of a plea agreement, including dismissal of a charge, may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.

C.R.S. § 16-7-402 Counseling or treatment for alcohol or drug abuse

16-7-402. Counseling or treatment for alcohol or drug abuse. (Repealed)

C.R.S. § 16-7-403 Deferred sentencing of defendant

16-7-403. Deferred sentencing of defendant. (Repealed)

C.R.S. § 16-7-403.5 Deferred sentencing - mentally ill defendants charged with certain misdemeanors - demonstration program - repeal

16-7-403.5. Deferred sentencing - mentally ill defendants charged with certain misdemeanors - demonstration program - repeal. (Repealed)

C.R.S. § 16-7-403.7 Deferred sentencing - drug offenders - legislative declaration - demonstration program - repeal

16-7-403.7. Deferred sentencing - drug offenders - legislative declaration - demonstration program - repeal. (Repealed)

C.R.S. § 16-7-404 Charges for bad checks

16-7-404. Charges for bad checks. The department or agency supervising the collection of restitution ordered as a condition of a deferred prosecution or deferred sentence pursuant to this part 4 may assess a charge of fifteen dollars to a defendant for collection of each bad check or each bad check received as a restitution payment. For the purposes of this section, "bad check" means a check or similar sight order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026