Delta County Criminal Court

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

Delta County Criminal Court hearings

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

What happens in Delta County at an arraignment?

In Delta County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.

Delta County Criminal Court

Delta County Criminal Court

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.

Jury Deliberation

In a jury trial in Delta County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.

Plea Agreements

A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Delta County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.

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.

Who is the prosecutor for Delta County?

Depending upon the case, the prosecutor for Delta County criminal cases will either be a representative of Delta County or a representative from Colorado. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.

I need help for my Delta County criminal case

The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Delta County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Delta County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.

Required Court Appearances in Delta County

Any required court appearances in Delta 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.

Sentencing in Delta County

In Delta 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.

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

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.

Delta County Criminal Court Locations

  • Delta County District Court

    Address: 501 Palmer Street, Delta, CO 81416
    Phone: 970-874-6280 Fax: 970-874-4306

  • County Court of Delta County

    Address: 501 Palmer Street, Delta, CO 81416
    Phone: 970-874-6280 Fax: 970-874-4306

  • Cedaredge Municipal Court

    Address: 140 NW 2nd Street, PO Box 398, Cedaredge, CO 81413
    Phone: 970-856-4301

  • Delta Municipal Court

    Address: 360 Main Street, Delta, CO 81416
    Phone: 970-874-7914

  • Hotchkiss Municipal Court

    Address: 276 West Main Street, PO Box 369, Hotchkiss, CO 81419
    Phone: 970-872-3848 Fax: 970-872-4328

  • Paonia Municipal Court

    Address: 41576 Lamborn Mesa Road, Paonia CO 91428
    Phone: 970-527-4101 Fax: 970-527-4102

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