Request for Contact or Plea Offer
The safety of the community is of the utmost concern for the Ninth Judicial District Attorney’s Office. Given that we are facing uncharted territory, we are doing our best to minimize person-to-person contact due to concerns related to community transmission of COVID-19. Importantly, we are attorneys for the State of Colorado. We are not your attorney, we cannot provide legal advice and you have the absolute right to an attorney. That being said, if you would like to discuss and potentially resolve your case with our office directly via email or telephone, we ask that you complete the below form.
Advisement of Rights
The following is an explanation of your rights during the court process:
1. You have been charged with committing a criminal offense. You should read and understand the following rights before speaking with the District Attorney.
2. You are presumed innocent of the charge(s) against you, and that presumption of innocence will remain with you throughout the trial until you are proven guilty beyond a reasonable doubt.
3. You need make no statement, and any statement made by you can be used against you.
4. You have the right to be represented by an attorney throughout the trial and at all proceedings leading up to trial. In certain cases, if you cannot afford an attorney, one may be appointed to represent you at no expense to you. If you choose to represent yourself, be aware that the State of Colorado will be represented by an attorney (prosecutor) and you will be required to follow the rules of procedure and evidence. A member of the Office of the District Attorney cannot speak to you if you are represented.
5. You have the right to enter a plea of not guilty, guilty, or with the consent of the Court (and in some cases the District Attorney), a plea of nolo contendere. A plea of nolo contendere or guilty means that you give up and waive all of your rights as contained in this advisement, including, but not limited to, the right to require the prosecution to prove your guilt beyond a reasonable doubt and to cross-examine witnesses against you. You also give up the right to present evidence that you are innocent and your right against self-incrimination. Any plea you make must be voluntary and not the result of undue influence or coercion on the part of anyone.
6. You have the right to have your case tried by a jury. In order to exercise that right you will first enter a plea of not guilty. The following rules will then determine whether your case will be tried to a jury or by the Court:
a. If the maximum penalty which the Court may impose for any of the charges against you does not exceed six (6) months imprisonment or a fine of five hundred dollars ($500) and you wish your case tried by a jury, you must make a demand in writing for a jury trial within ten (10) days after arraignment or entry of a plea and at the same time pay a jury fee of twenty-five dollars ($25). The jury, if you demand one, will consist of thee (3) members, unless you demand a greater number, but in no event will there be more than six (6) jurors (County Court) or twelve (12) jurors (District Court). If you fail to make a demand for a jury trial in writing and pay the jury fee within the time provided, and the jury fee is not waived by the Court, your right to a trial by jury will be considered waived, and you case will be tried to the Court.
b. If the maximum penalty which the Court may impose for any one of the Charges against you exceeds (6) months incarceration or a fine of five hundred dollars ($500), your case will be tried to a jury of six (6) jurors (County Court) or twelve (12) jurors (District Court) unless you waive your right to a jury in writing.
7. You have the right to plead not guilty and have a trial to a jury. You have the right to present evidence in your defense at the trial. You have the right to subpoena witnesses to testify at the trial at no expense to you. You have the right to testify or not testify on your own behalf at trial. If you do not testify, your silence will not be held against you. If you do testify, you may be cross-examined by the prosecutor. Whether or not you testify, you may call on any other witnesses or present evidence that you feel is important to your case.
8. If you are convicted at your trial or if you plead guilty, you may present evidence in extenuation or mitigation, that is, anything you want the court to consider before imposing sentence.
9. If you are in custody, you have the right to appear before a judge. You also have the right to bail. If you cannot pay the bail that is set, you have the right to request a reduction in the amount required to be posted or request a personal recognizance bond.
10. If you are not a citizen of the U.S., you are advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the U.S., or denial of naturalization pursuant to the laws of the U.S. Consulting with an attorney is recommended prior to entering a plea of guilty or nolo contendere in this court.
You must acknowledge that you have read and understand your rights in this advisement in order to be contacted by a member of the Office of the District Attorney.
I have read this Advisement of Rights.
I understand this Advisement of Rights.
Knowing and understanding my rights, I still wish to be contacted by a Deputy District Attorney about my case.
Are you represented by an Attorney in this case? (please note: we are unable to speak with you directly if you are currently represented by an attorney)
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