San Miguel County Criminal Court hears all criminal cases in San Miguel County. Below you will find specific information about criminal cases and how they are handled in San Miguel County.
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 San Miguel 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.
San Miguel County Criminal Court
Who can help me in San Miguel County?
For general information about your case the San Miguel 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.
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.
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.
San Miguel County Prosecutor
For criminal cases in San Miguel County, the prosecutor will be a representative of San Miguel County. The San Miguel 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.
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.
What happens in San Miguel County at an arraignment?
In San Miguel 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.
San Miguel County Required Court Appearances
In San Miguel 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.
San Miguel County Criminal Court locations
Criminal proceedings take place in the San Miguel County Criminal Courts. A list of the criminal courts are located here.
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 San Miguel County a public defender will be appointed by the judge if you cannot afford private representation.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
San Miguel County Criminal Court Locations
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San Miguel District Court
Address: 305 West Colorado Avenue, PO Box 919, Telluride, CO 81435
Phone: 970-369-3300 Fax: 970-728-6216 -
County Court of San Miguel County
Address: 305 West Colorado Avenue, PO Box 919, Telluride, CO 81435
Phone: 970-369-3300 Fax: 970-728-6216 -
Mountain Village Municipal Court
Address: 411 Mountain Village Blvd, Mountain Village, CO 81435
Phone: 970-369-8225 -
Norwood Municipal Court
Address: 1670 Naturita Street, PO Box 528, Norwood, CO 81423
Phone: 970-327-4288 Fax: 970-327-0415 -
Telluride Municipal Court
Address: 305 West Colorado Avenue, Telluride, CO 81435
Phone: 970-728-2158 Fax: 970-728-2496