Clear Creek County Criminal Court

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

Clear Creek County Arraignments

An arraignment is a court hearing. In Clear Creek County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Clear Creek County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Clear Creek County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.

Who can help me in Clear Creek County?

For general information about your case the Clear Creek 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.

Clear Creek County Criminal Court

Clear Creek County Criminal Court

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

If guilty, who sentences the defendant?

If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.

Right to an attorney

The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Clear Creek County a public defender will be appointed by the judge if you cannot afford private representation.

Where will Clear Creek County criminal case hearings take place?

Criminal cases will take place at the criminal courts of Clear Creek County. See here for the location of the criminal courts in Clear Creek County.

Clear Creek County Prosecutor

For criminal cases in Clear Creek County, the prosecutor will be a representative of Clear Creek County. The Clear Creek 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.

Appealing a Criminal Conviciton

A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.

Required Court Appearances in Clear Creek County

Any required court appearances in Clear Creek 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.

What is the Burden of Proof?

The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.

Can I request a Plea Agreement?

In Clear Creek 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.

Jury Deliberations in Clear Creek County

In Clear Creek County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.

Clear Creek County Criminal Court Locations

  • Clear Creek County District Court

    Address: 405 Argentine Street, PO Box 367, Georgetown, CO 80444
    Phone: 303-679-4220 Fax: 303-569-3274

  • County Court of Clear Creek County

    Address: 405 Argentine Street, PO Box 367, Georgetown, CO 80444
    Phone: 303-679-4220 Fax: 303-569-3274

  • Georgetown Municipal Court

    Address: 404 6th Street, PO Box 426, Georgetown, CO 80444
    Phone: 303-569-2555 Ext. 5 Fax: 303-569-2705

  • Idaho Springs Municipal Court

    Address: 1711 Miner Street, PO Box 907, Idaho Springs, CO 80452
    Phone: 303-567-4421 Fax: 303-567-4955

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.