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THE COLORADO RULES OF CRIMINAL PROCEDURE

Colorado Rules of Criminal Procedure 

1.  SCOPE, PURPOSE, AND CONSTRUCTION

Rule 1. Scope

These rules govern the procedure in all criminal proceedings in all courts of record with the exceptions stated in Rule 54. 

These Rules govern the procedure in all criminal proceedings in all courts of record with the exceptions stated in Rule 54.

Rule 2. Purpose and Construction

These Rules are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.

Rule 3. The Felony Complaint

(a)The felony complaint shall be a written statement of the essential facts constituting the offense charged, signed by the prosecutor and filed in the court having jurisdiction over the offense charged.(b)Repealed.

Rule 4. Warrant or Summons Upon Felony Complaint

(a)

Issuance.

(1)Upon the filing of a felony complaint in the county court, the prosecuting attorney shall request the court to order that a warrant shall issue for the arrest of the defendant, or that summons shall issue and be served upon the defendant.(2)If a warrant is requested, the felony complaint must contain or be accompanied by a sworn statement of facts establishing probable cause to believe that a criminal offense has been committed, and that the offense was committed by the person for whom the warrant is sought. In lieu of such a sworn statement, the felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony.(3)Except in class 1, class 2, and class 3 felonies, and in unclassified felonies punishable by a maximum penalty of more than ten years, whenever a felony complaint has been filed prior to the arrest of the person named as defendant therein, the court, with the consent of the prosecuting attorney, shall have power to issue a summons commanding the appearance of the defendant in lieu of a warrant for his arrest. The court shall issue a summons instead of an arrest warrant when the prosecuting attorney so requests.(4)

Except in class 1, class 2, and class 3 felonies, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant except where there is reasonable ground to believe that, unless taken into custody, the defendant will flee to avoid prosecution or will fail to respond to a summons. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:

(I)The defendant's residence;(II)The defendant's employment;(III)The defendant's family relationships;(IV)The defendant's past history of response to legal process; and(V)The defendant's past criminal record.(5)If any person properly summoned pursuant to this Rule fails to appear as commanded by the summons, the court shall forthwith issue a warrant for his arrest.(6)When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place.(b)

Form.

(1)

Warrant. The arrest warrant shall be a written order issued by a judge of a court of record directed to any peace officer and shall:

(I)State the defendant's name or if that is unknown, any name or description by which he can be identified with reasonable certainty;(II)Command that the defendant be arrested and brought without unnecessary delay before the nearest available judge of a county or district court;(III)Identify the nature of the offense;(IV)Have endorsed upon it the amount of bail if the offense is bailable; and(V)Be signed by the issuing county judge.(2)