Adult District Court (District Attorney) (2024)

FAQs

1. What is the difference between a felony and a misdemeanor?

   See Also

   Virtual Courthouse Help & ToolsHelpful Information (District Attorney)Critical Incident Response Team (District Attorney)Access to Justice & Self Help Center — Larimer County Bar Association

   A felony is a criminal offense which is punishable by a sentence up to and includingthe Colorado Department of Corrections. A misdemeanor is a criminal offense which is punishable by a sentence to a fine, probation supervision, the county jail, or a combination thereof.

2. What is the difference between the District Court and the County Court?

   The District Court handles all criminal cases which include a felony charge and all criminal cases where the person charged is a juvenile under the age of 18 years of age. The County Court handles all criminal cases involving misdemeanors, traffic offenses and traffic infractions.

3. How do I get a public defender?

   You may call their office at (970) 493-1212 and press 0 to ask for assistance or you may go to their office at #1 Old Town Square, Suite 201, Fort Collins, CO 80524 and fill out an application.

4. I missed my court date; what should I do?

   You should contact the court as soon as possible to avoid the possibility of a warrant being issued for your arrest. If you have a bondsman, you should also contact them and advise them that you missed your court date.

5. I am a defendant and I don't think my attorney is very good. Can I talk to the deputy district attorney assigned to my case?

   If you are represented by an attorney the district attorney cannot ethically talk with you about your case without your attorney being present.

6. How can I get the police reports pertaining to my court case?

   Find more information regarding Discovery

7. I received a subpoena from the District Attorney's Office who can I talk to about the subpoena?

   You should talk to ourwitness coordinatorat (970) 498-7285.

8. Can I report a crime to the District Attorney's Office?

   By statute, the District Attorney's Office is responsible to prosecute crimes which have been charged following an investigation by a law enforcement agency such as the police or sheriff's office. To report a crime you should contact your local police or sheriff's office.

9. What is an arraignment?

   This is a court appearance where the defendant, after being advised of his/her rights, makes a decision to either plead guilty and avoid a trial or plead not guilty and request a trial on the charges.

10. What is a preliminary hearing?

    A preliminary hearing is a hearing before a judge to determine if it is more probable than not that the defendant committed the felony offenses for which the defendant has been charged. If the judge finds that probable cause exists then the defendant is bound over for trial. If the judge does not find probable cause exists then the felony charges are dismissed.

11. What is a deferred sentence?

    Colorado statutes authorize a person to plead guilty to a criminal offense but to postpone sentencing on that offense for a period of time not to exceed two years on a misdemeanor or four years on a felony. During this postponement period, the defendant must remain law abiding, pay restitution and court costs, and complete any conditions set by the court such as drug/alcohol treatment, domestic violence treatment, mental health treatment and useful public service work. At the end of the postponement period, if the defendant has fully complied with the conditions of his deferred sentence, the defendant can withdraw his guilty plea and the charge is dismissed. However, if the defendant fails to fully comply with the conditions of his deferred sentence, the court will sentence the defendant upon his previously entered guilty plea.

12. I want to voice a concern about how my case is being handled by the Deputy District Attorney assigned to my case. To whom can I speak?

    If you have a concern about how your case is proceeding, you may email us. If you are represented by an attorney, we are prohibited from discussing your case with you. You will need to address these concerns with your attorney.

13. What are specialty courts?

    There are four specialty courts in Larimer County -- Adult Drug Court, Wellness Court, DUI Recovery Court and Juvenile Recovery Court. Each specialty court is an alternative to the regular criminal justice process for high risk offenders. The specialty courts focus on reducing recidivism through collaborative efforts with community service providers, thereby providing public safety with cost effective alternatives to incarceration.

14. How do I find out if someone has a warrant?

    Contact the Larimer County Sheriff's Office at (970) 498-5100.

15. How do I make a request to modify something with my case (protection order, court costs, useful public service hours, bond amount)?

    A Motion and Order with your request should be filed with the Court.

16. I would like to get my property/evidence back, what is the procedure?

    If the case is still an active case and/or co-defendant's cases are still active, no property/evidence will be released until the case has concluded. If the case is closed, you will need to contact the law enforcement agency that investigated the case to set up an appointment to pick up your property/evidence.

17. How do I seal my case?

    Whether or not you are eligible to have your case sealed depends on the type of case and on the resolution of your particular case. If you wish to research your eligibility to seal your case, you can consult the Colorado Revised Statutes 24-72-701 through 24-72-709. You may also wish to consult an attorney on this issue or contact the court's website and self-help center at http://www.courts.state.co.us/Self_Help/Index.cfm.