Montrose County Criminal Court

Montrose County Criminal Court handles all criminal cases that are filed in Montrose County. See below for more information about criminal cases in Montrose County.

Can I request a Plea Agreement?

In Montrose 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.

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 Montrose County a public defender will be appointed by the judge if you cannot afford private representation.

Montrose County Criminal Court

Montrose County Criminal Court

Where will Montrose County criminal case hearings take place?

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

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.

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.

Montrose County Required Court Appearances

In Montrose County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.

Prosecutor in Montrose County

In Montrose County, the prosecutor is an attorney representing Montrose County. In some cases, the prosecutor may actually represent Colorado. For the most part, the prosecutor in Montrose County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Burden of Proof Requirement

In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.

Arraignments in Montrose County

During an arraignment in Montrose 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 Montrose 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 Montrose County the defendant may be sentenced at that time or the sentencing may take place at a later date.

I need help for my Montrose 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 Montrose 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 Montrose 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.

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.

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.

Montrose County Criminal Court Locations

  • Montrose County Associate Court

    Address: 300 Main Street, Nucla, CO 81424
    Phone: 970-864-7373 Fax: 970-864-7829

  • Montrose County District Court

    Address: 1200 North Grand Avenue, Montrose, CO 81401
    Phone: 970-252-4300

  • Associate County Court of Montrose County

    Address: 300 Main Street, Nucla, CO 81424
    Phone: 970-864-7373 Fax: 970-864-7829

  • County Court of Montrose County

    Address: 1200 North Grand Avenue, Montrose, CO 81401
    Phone: 970-252-4300

  • Montrose Municipal Court

    Address: 107 South Cascade Avenue, PO Box 27, Montrose, CO 81402
    Phone: 970-240-1428 Fax: 970-252-4728

  • Naturita Municipal Court

    Address: 222 East Main Street, PO Box 505, Naturita, CO 81422
    Phone: 970-865-2286 Fax: 970-865-2815

  • Nucla Municipal Court

    Address: PO Box 219, Nucla, CO 81424
    Phone: 970-864-7351 Fax: 970-864-7600

  • Olathe Municipal Court

    Address: 419 South Horton, PO Box 789, Olathe, CO 81425
    Phone: 970-323-5601 Fax: 970-323-5149

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