State procedure in Colorado is governed by the Federal Rules with few exceptions. Over 99% of criminal cases are charged by Information, as opposed to Grand Jury Indictments. The Judge at arraignment, the procedure where the accused is informed of his rights and charges against him, reviews the summary of charges and information to determine if there is "probable cause" to continue the prosecution. The summary is provided by the District Attorney's office that prosecutes the matter after reviewing the case with the arresting officer.

There are three distinct Court processes: District Court handles all felony matters, offenses carrying over six months to two years prison term, but only after the matter has gone through the County CriminalCourt, a third Court, the Municipal Courts, governing lesser offenses in cities, has its own rules and offenses, which vary by jurisdiction.

If you are charged with a felony, you are entitled to a preliminary hearing within thirty days of arraignment; if you are incarcerated or if your felony is 3rd degree or higher. There are six degrees of felony, referred to as F-1, most serious to F-6, least serious. The preliminary hearing determines the identification of the accused as, probably, the right person and whether a crime was committed. The burden of proof is very low but the judge has the right to reduce or dismiss charges if either issue is lacking. This is a very seldom occurrence.

Once the case is sent to the District Court, the plea process, discussed later, or setting for jury or non-jury trial is scheduled. The accused can make motions, requests for relief from the Court, such as illegal search, seizure, police or prosecution impropriety etc., which are set for hearing before trial. These are heard by the judge who has the power to eliminate the offending evidence. This is also a very seldom occurrence.

A jury trial to twelve jurors consists of Voir Dire, where the attorneys and judge interview and select the jury, Opening Statement, Witness Testimony, Motion to dismiss at the end of the People's Case; the prosecution must go forward first and maintains the burden of proof beyond a reasonable doubt throughout the trial, Defense Testimony, if any, and Closing Arguments consisting of the DA closing, the Defense closing and a final DA rebuttal closing. The judge then takes jury instructions from both sides and decides which laws to interpret for the jury's consideration. In Colorado, there is a strange procedure called a Curtis Advisement where the Defendant is asked whether he wishes to testify and is told that his attorney is not involved in the decision, only him.

Misdemeanor cases allow for a jury of up to six people, although the Defense can elect to have as few as three jurors. These trials are held after motions practice, identical to the felony procedure. Certain minor traffic violations are not entitled to a jury trial. Misdemeanors and Municipal Code Violations are handled almost identically.

The plea bargaining process pervades both the felony and misdemeanor system. The DA, Attorney General or City Attorney will offer to dismiss certain charges and/or reduce others to lower charges and offer to recommend a lesser or probationary sentence. Pursuant to Rule 11, the DA can guarantee a certain sentence provided the judge does not object; judges almost never overrule the DA on Rule 11. Sentence can occur immediately, although in most felony cases, there is a pre-sentence report prepared by probation about 6 weeks after the plea is taken.

Having practiced in New York for 18 years, I've observed that the Colorado Courts and law are far more favorable to the prosecution, and the Constitutional considerations are far less strictly observed. For instance, the DA can amend or add charges up to the date of trial, and the judge may not even comment on the plea bargaining process, except to reject a plea "deal." Also circumstantial evidence is held to the same standard as direct evidence. In certain jurisdictions circumstantial evidence must be proved to a "moral certainty," not just "beyond a reasonable doubt."

The sentencing structure is also far more harsh and extraordinarily complicated by special circumstances, such as prior felonies or misdemeanors, Domestic Violence, and many other considerations, which enhance sentencing even further. The availability of Legal Aid/Public Defender attorneys is also quite abbreviated. You must be truly indigent in order to obtain free legal counsel.

Domestic Violence arrest is rampant in Colorado, by police policy and special laws which prevent the DA from plea bargaining Domestic Violence cases in the same manner as other cases. Also the accused is refused bond until he spends at least one night in jail. Cottage industries of Domestic Violence and Anger Management classes have sprung up, further intimidating the process of justice.