Colorado § 18-1-304 - Former prosecution not a bar.
Full text of Colorado Colorado Revised Statutes § 18-1-304 — Former prosecution not a bar., with citation guidance and answers to common questions.
§ 18-1-304. Former prosecution not a bar.
(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:
(a) Was before a court that lacked jurisdiction over the defendant or the offense; or
(b) Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or
(c) Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.
Source: L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-404.
ANNOTATION
A defendant is not in double jeopardy when a conviction is overturned on appeal and remanded for a retrial. If the first conviction was overturned because the defendant was convicted through a defective judicial process, the defendant's guilt or innocence has not been adjudicated. Therefore, the new trial on remand does not violate the state and federal double jeopardy clauses. People v. Viburg, 2021 CO 81M, 500 P.3d 1123.
Defendant's arrest in stolen car in California and subsequent California prosecution does not amount to procuring prosecution in California for purposes of the exception. California law enforcement pulled over and arrested defendant for unlawful driving or taking of a vehicle because stolen Colorado vehicle contained antitheft transmitter. Merely being present in California with a stolen car stops short of procuring a prosecution under this section. The fact that defendant accepted California plea based on lawyer's advice that it would allow him to avoid prosecution in Colorado does not affect analysis because his decision to take the plea occurred after his prosecution began and did not bring about the prosecution. People v. Giem, 2015 COA 176, 378 P.3d 809.
PART 4
RIGHTS OF DEFENDANT
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-1-304
What does Colorado Revised Statutes § 18-1-304 cover?
Section 18-1-304 ("Former prosecution not a bar.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 18-1-304?
A common citation format is "Colorado Revised Statutes § 18-1-304" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 18-1-304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.