Criminal Court

Content

The Law

Police officers schedule a court date each time they write a criminal summons. This date is written in the middle of the handwritten summons or the E-Citation summons form.  If you cannot appear in court on the date indicated, you should promptly come to the Violations Bureau in Room 108 of the courthouse to obtain a new appearance date.  You must appear prior to the court date on your summons to re-schedule.

Scheduling cannot be done over the phone because there is paperwork which must be completed.  When conducting court business, a parent must appear with any juvenile who has received a summons.  In the middle of the summons is the section code under which you have been charged.  If you wish to read that law, you may review the Colorado Springs City Code.  Enter the section number as it is written on your summons. (For example, 9.2.101)

Initial appearances before the court on violations of city criminal ordinances and any traffic violations five points or greater, are held each Monday through Thursday at 1:30 PM in Courtroom Division 2 (Room 210). Any violation which is not a minor (4 pts or less) traffic violation is considered to be a criminal violation of the city code.

Individual Rights

At the beginning of each court session, the courtroom clerk will play an orientation video on the Criminal Arraignment. Included in the arraignment process is a defendant's Advisement of Rights.  Pay attention to this information.  A judge will then enter the courtroom and call each case.  The judge may or may not accept a plea. The judge may or may not impose a sentence at the initial appearance.  Please read the Advisement of Rights.

Settlement Conferences

Cases in which you enter a 'not guilty' plea will be set over to a later date for pre-trial.  The extra time will allow the city attorney to gather information needed to discuss the case in an attempt to reach a mutually satisfactory disposition.

If an agreeable disposition is not reached (you are free to reject any offer the city attorney makes to resolve the case), the case will be set over again for trial.  Witnesses may be subpoenaed to appear at the scheduled trial date.

Attorneys

If you are indigent and cannot afford to hire an attorney, one may be appointed to represent you.  After you see the judge and he/she grants an investigation to see if you qualify for one, you will need to fill out an Financial Affidavit, and bring it to the Probation Department, Room 230.  In cases of indigency, attorneys are appointed when jail is a possible sentence on a charge. To read the Financial Affidavit, you must have Adobe Acrobat Reader

Trials

You may enter a plea of not guilty and ask for a trial even if you think you have committed the offense charged. The words "not guilty" are legalese for saying --I want to exercise my constitutional rights and require the Prosecution Division to prove the charge beyond a reasonable doubt.

Each person charged in this court has the right to have witnesses subpoenaed to testify at trial on their behalf at no cost. Please provide the court with the name, address and phone number of each witness at least five weeks prior to the trial date.

Obtain Subpoena Request forms for individuals or documents and evidence at the Violations Bureau in Room 108 of the courthouse.  Correct names and correct addresses will help the Marshals successfully serve the subpoenas in sufficient time, but the Court cannot guarantee paper service by the Marshals.  Private process service companies can also serve subpoenas.  If a witness is not placed under subpoena and does not appear in court at the time of trial date, a judge is not likely to grant a continuance for that person to be properly subpoenaed.

If you wish to request the issuance of subpoenas for your trial, you may complete the online Subpoena Request or complete the information and bring the form to Room 108 of the Municipal Court Building.  You may also mail it to 224 East Kiowa, Colorado Springs, CO. 90903 or fax (719) 385-6190.  Please understand that fax or mail times could cause further delay of service.  For a list of other forms available for review in preparation of trial, please see our Self-Help Center. For instance, for information on trial proceedings for those who have not hired a defense attorney, read the Script for Pro Se Defendants.

Sentencing

The maximum sentence this court may impose on each charge is a $2500 fine and/or 189 days in jail, probation plus court costs.  These are some offenses where the maximum sentence is a fine not to exceed $500 and probation.  Those offenses are listed in ordinance 11.4.104.  If you under 18 years of age at the time of the alleged offense, the maximum sentence is a fine not to exceed $500 and probation, plus court costs.  You may be referred by the judge to the Probation Department where a pre-sentence investigation (PSI) may be ordered prior to sentencing.

Juvenile Expungement

To expunge is to intentionally destroy, obliterate or strike out records or information in files, computers, and other depositories. State law may allow the Municipal Court records of a juvenile offender(under the age of 18 years) to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record.  For further information on expungement of a juvenile's record, please see Expungement of Juvenile Records.

State law also allows for the sealing of an adult's Municipal Court criminal record.  Certain timelines for both the expungement and sealing process apply.  For further information, please see Sealing of Records.

You may obtain a "Petition for Expungement" from the 4th Judicial District Court, Room S-101, 270 S. Tejon St., Colorado Springs, CO 80903. Their telephone number is (719) 452-5000. 
 

To e-mail the Municipal Court:mcourt@springsgov.com

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