By law you have a right to a speedy trial, which in municipal Court is 91 days from the date that you plead not guilty (there is a possible one time extension on that but it is rare). Trials are usually set a minimum of 45 days out and sometimes 60 days out.
As long as the penalty carries a possibility of jail, you are automatically eligible for a free attorney. If you tell us that you want our help, our office will open a file on you and come to visit you to prepare for trial while you are in jail.
When the City Attorney extends an offer to settle the case, the offer does not stay open after that date unless it is specifically agreed upon and put on the record. The City will extend another offer at the next court date (disposition date or trial date) but there is no guarantee if the offer will be the same, for better or worse.
If the Judge looks at the plea bargain and does not agree, the Judge will allow you to set the case for trial.
In municipal court you have 21 days from the date of your Not Guilty plea to pay $25.00 to preserve your right to a jury trial. If you are in custody or the court finds you Indigent then that fee can be waived (meaning you don't have to pay it). That still must be done within the 21 days. If this fee is not paid or waived within the 21 days then you can still have a trial but it is a trial to the court.
If you are represented by an attorney you should speak only with your attorneys. Do not write the Judge, file motions, talk to the police or speak to the CAs. Anything you say to them will be used against you. If you insist on filing your own motions then the public defender's office will withdraw and you will be representing yourself. You may speak to the Judge at sentencing.
The attorney come to visit you when they have all (or at least most) of the discovery in your case. The purpose of coming to visit in jail is to prepare the case for trial and we cannot do that without all of the documents, witness statements, photos, which is what we call discovery. There is little point in coming to see you unless we have discovery to go over.
Often, despite trying to wait for everything, some discovery comes in after when we have seen you. We will use our best efforts to share all prior to court but sometimes that is not possible. Whether that would mean continuing the case or not is something you will have to decide with your attorney at the time.
If you are able to bond out and want the representation of our office you must apply as soon as you can.You must bring income information of ail income to the household (jail release papers are helpful) and your court setting form to apply. If you are out of custody you must either pay the $25.00 or have it waived by the Court within 21 days from your Not Guilty plea. That means if you are able to bond on the 20`"day after your NG plea then you have one day to pay the jury fee. If you have been in custody the entire 21 days (bond on the 22 day) the Court will waive the fee.
Outside Denver Call (720) 913-1311
TTY Service: 720-913-8479