Pretrial Services in Denver, Colorado: A Complete Guide

Understanding Denver’s Pretrial Services Program

Since the 1970s, Denver has employed its Pretrial Services Program to aid courts in bond setting and providing various levels of pretrial supervision.

Over the past decade, the program has evolved with a focus on pretrial reform, incorporating extensive research and national trends toward evidence-based practices.

Within the last 10 years, there has been a focus on pretrial reform aided by the availability of extensive research in the pretrial field, a national movement towards more evidence-based decision making, and improved Colorado statutes around the administering of bail

Denver’s Pretrial Services aims to enhance fairness, fiscal responsibility, and data-driven decision-making in pretrial matters.

Key principles guiding the program include:

1. Risk-based, individualized release and detention decisions that prioritize community safety and are informed by validated assessments.
2. Upholding the presumption of release, equality, and due process in pretrial processes.
3. Utilizing appropriate supervision conditions to mitigate pretrial risk for various levels of risk.
4. Ensuring decisions are based on ongoing research and outcome evaluations.
5. Collaborating with stakeholders to develop and implement best practices in the pretrial justice system.

What is a Pretrial Hearing in Denver?

According to SCLG, in Colorado, a pretrial hearing follows the advisement and arraignment stages if you plead “not guilty” [1].

The first part of the pretrial phase of a criminal court case in Colorado generally begins with the initial pretrial hearing or pretrial conference. Your criminal defense attorney should be given a copy of the information the Colorado DA has and intends to use against you in court.

This review helps your lawyer assess the strengths and weaknesses of the prosecution’s case.

Also Read: Jefferson County Pretrial Services

What are the Steps of the Pretrial Process?

In preparation for a criminal trial, a pretrial conference is scheduled at least one week before the trial date [2]. Defendants must attend this conference unless they have waived their presence at a previous court session.

1. Final Pretrial Submissions

Submit the following documents at least five business days before the conference:

• Agreed Case Statement: This statement, read to the jury during voir dire, outlines the case’s basics.
• Witness Lists: Provide lists of witnesses for each side, including a brief description and their role in the case. This helps the Court during jury selection.
• Exhibit Lists: Each side must list exhibits they intend to use at trial, including document numbers, dates, descriptions, relevance, and any objections with their bases. Two sets of exhibit binders must be submitted, with additional binders required if necessary. Final exhibit binders are due the day before the trial.
• Motions in Limine: Meet with opposing counsel to discuss and file motions in limine at least three weeks before the final pretrial conference. Responses are due one week before the conference, with no replies unless ordered by the Court.
• Voir Dire Questions: Submit proposed questions for potential jurors in a joint document. Include a written questionnaire, questions for oral examination, and any objections with brief justifications.
• Jury Instructions: Attempt to agree on jury instructions and file proposed instructions before the final pretrial conference, using the 7th Circuit Pattern Jury Instructions where applicable.

Key Pre-Trial Motions and Their Impact

Common Pre-Trial Motions Include:

• Motion to Dismiss: This seeks to have a charge or the entire case dismissed, typically due to insufficient evidence or because the alleged facts do not constitute a crime.
• Motion to Suppress: This aims to prevent certain statements or evidence from being admitted in court, such as evidence obtained through an illegal search or seizure, which may violate constitutional rights.
• Motion for Change of Venue: This request is made when pre-trial publicity or other factors might compromise the defendant’s right to a fair trial. It seeks to move the trial to a different location to ensure an impartial jury.

Before a trial begins, both the prosecutor and defense attorney may file or respond to pre-trial motions, which are formal requests for the court to make decisions on specific issues. These motions can influence various aspects of the trial, including evidence, courtroom procedures, and even the case outcome. Ultimately, it is the judge who will rule on these motions.

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References:

1. https://www.shouselaw.com/co/defense/process/pretrial-hearing/
2. https://www.ilnd.uscourts.gov/judge-cmp-detail.aspx?cmpid=849