Colorado § 16-5-101 - Commencement of prosecution.

§ 16-5-101. Commencement of prosecution.

(1) Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways:

(a) By the return of an indictment by a grand jury;

(b) By the filing of an information in the district court;

(c) By the filing of a felony complaint in the county court;

(d) Prosecution of a misdemeanor, petty offense, or civil infraction may be commenced in the county court by:

(I) The issuance of a summons and complaint;

(II) The issuance of a summons following the filing of a complaint;

(III) The filing of a complaint following an arrest; or

(IV) The filing of a summons and complaint following arrest, or, in the event that the offense is a civil infraction, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.

(2) The procedures governing felony complaints filed in the county court and warrants or summonses issued in connection therewith shall be in accordance with and as required by the applicable provisions of the rules of criminal procedure promulgated by the supreme court of Colorado.

(3) Where the offense charged is a misdemeanor or petty offense, the action may be commenced in the county court as provided in subsection (1)(d) of this section, and the issues shall then be tried in the county court. As to misdemeanors or petty offenses thus filed and tried in the county court, the simplified procedures enumerated in part 1 of article 2 of this title shall be applicable.

Source: L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-5-101. L. 2021: IP(1)(d) and (1)(d)(IV) amended, (SB 21-271), ch. 462, p. 3162, § 170, effective March 1, 2022.

ANNOTATION

Prosecution may seek a grand jury indictment after dismissal by a county court on a preliminary hearing for lack of probable cause as an alternative to appealing to or filing a direct information in the district court. People v. Noline, 917 P.2d 1256 (Colo. 1996).

One charged with crime must be brought into court on a complaint, information, or indictment made, or found, according to the requirements of the law. Bustamante v. People, 136 Colo. 362, 317 P.2d 885 (1957) (decided under repealed § 39-4-1, CRS 53).

It was not essential for all members of a grand jury who issued a true bill to specifically observe the formal charging paper and approve its formal language. People v. Campbell, 194 Colo. 451, 573 P.2d 557 (1978).

Grand jury may properly return an indictment even after the prosecution has filed a criminal complaint. Defendant is not entitled to a preliminary hearing after a grand jury returned an indictment. People v. Huynh, 98 P.3d 907 (Colo. App. 2004).

When a felony case starts in county court pursuant to subsection (1)(c) and is resolved by a plea to only misdemeanor charges, it is a county court matter and an appeal must be made to the district court. People v. Vargas-Reyes, 2018 COA 181, 434 P.3d 1198.

Applied in People v. Lopez, 41 Colo. App. 75, 587 P.2d 792 (1978); Thomas v. County Court, 198 Colo. 87, 596 P.2d 768 (1979); People v. Abbott, 638 P.2d 781 (Colo. 1981).