Chaffee County Criminal Court

Chaffee County Criminal Court hears all criminal cases in Chaffee County. Below you will find specific information about criminal cases and how they are handled in Chaffee County.

Who can help me in Chaffee County?

For general information about your case the Chaffee County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.

Sentencing in Chaffee County

In Chaffee County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.

Chaffee County Criminal Court hearings

Criminal hearings in Chaffee County will take place at the Chaffee County Criminal Courts. Please see here for a list of the Chaffee County Criminal Court Locations.

What is Jury Deliberation?

After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.

Can I request a Plea Agreement?

In Chaffee County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.

What if I can’t afford an attorney?

The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.

Burden of Proof

The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.

Jury by Trial Right

The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.

Chaffee County Prosecutor

For criminal cases in Chaffee County, the prosecutor will be a representative of Chaffee County. The Chaffee County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.

Can I appeal a guilty verdict?

If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.

Required Court Appearances in Chaffee County

Any required court appearances in Chaffee County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.

Arraignments in Chaffee County

During an arraignment in Chaffee County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Chaffee County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Chaffee County the defendant may be sentenced at that time or the sentencing may take place at a later date.

Chaffee County Criminal Court Locations

• Chaffee County District Court

  Address: 142 Crestone Avenue, Salida, CO 81201
  Phone: 719-539-2561 Fax: 719-539-6281

• County Court of Chaffee County

  Address: 142 Crestone Avenue, Salida, CO 81201
  Phone: 719-539-2561 Fax: 719-539-6281

• Poncha Springs Municipal Court

  Address: 330 Burnett Avenue, Poncha Springs, CO 81242
  Phone: 719-539-6882 Fax: 719-539-6898

• Salida Municipal Court

  Address: 448 East 1st Street, PO Box 417, Salida, CO 81201
  Phone: 719-530-2611