Police officers schedule a specific appearance date each time they write a criminal summons. This date is written in the red box in the middle of the summons form. If one cannot appear in court on the date indicated, they should promptly come to the Violations Bureau in Room 108 of the courthouse to obtain a new appearance date. This cannot be done over the phone because there is paperwork which must be completed. A parent must also appear with any juvenile who has received a summons.
Also in the middle of that red box is the section code under which you have been charged. If you wish to read that law, you may review the Colorado Springs City Code Enter the section number as it is written on your summons. (For example, 9.2.101)
Initial appearances before the court on violations of city criminal ordinances are held each Monday through Thursday at 1:30 PM in Courtroom Division Two (Room 210). Any violation which is not a traffic violation is considered to be a criminal violation of the city code.
At the beginning of each court session, the courtroom clerk will play an orientation video on the Criminal Arraignment. Included in the arraignment process is a defendant's Advisement of Rights. Pay attention to this information. A judge will then enter the courtroom and call each case in order. Each person will be asked to enter a plea of 'guilty' or 'not guilty', or with the consent of the court, 'no contest'. If one pleads 'guilty' or 'no contest', they may also explain to the judge what happened. The judge may or may not accept the plea. The judge may or may not impose a sentence at the initial appearance. If you would like to read an Advisement of Rights each person has in this court, Click Here
Minor offenses include some traffic and petty criminal matters. Cases in which one enters a 'not guilty' plea will be set over to a later date for trial. The extra time will allow the city attorney to gather information needed to discuss the case in an attempt to reach a mutually satisfactory disposition. If an agreeable disposition is not reached (one is free to reject any offer the city attorney makes to resolve the case), the case will be set over again for trial. Witnesses should appear at the scheduled trial.
Non-minor offenses include major traffic offenses. Cases in which one enters a 'not guilty' plea will be offered an instant pre-trial conference which is an opportunity to speak to the City Attorney at your arraignment. If an agreeable disposition is not reached (one is free to reject any offer the city attorney makes to resolve the case), the case will be set over again for trial. Witnesses should appear at the scheduled trial.
If you are indigent and cannot afford to hire an attorney, in certain instances one may be provided for you. You will need to fill out an Financial Affidavit, and bring it to the Probation Department, Room 230, after you see the judge and he/she grants an investigation to see if you qualify for one. In most cases of indigency, attorneys are appointed when jail is a possible sentence on a charge. To read the Financial Affidavit, you must have Adobe Acrobat Reader. Click this link to download a free copy of Adobe Acrobat Reader.
One may enter a plea of not guilty and ask for a trial even if they think they might have committed the offense charged. The words "not guilty" are legalese for saying --I want to exercise my constitutional rights and require the government to prove the charge beyond a reasonable doubt.--
Each person charged in this court has the right to have witnesses subpoenaed to testify at trial on their behalf at no cost. Please provide the court with the name, address and phone number of each witness at least two weeks prior to the trial date. Obtain Subpoena Request forms at the Violations Bureau in Room 108 of the courthouse. Correct names and correct addresses will assure that court marshals will successfully serve the subpoenas in sufficient time. If a witness is not placed under subpoena and does not appear in court at the time of trial date, a judge is not likely to grant a continuance for that person to be properly subpoenaed. If you wish to request the issuance of subpoenas for your trial, you may click: Subpoena Request, complete the information, and bring the form to Room 108 of the Municipal Court Building, or mail to 224 East Kiowa, or fax (719) 385-6190. For a list of other forms available for review in preparation of trial, please see our Self-Help Center. For instance, for information on trial proceedings for those who have not hired a defense attorney, read the Script for Pro Se Defendants
The maximum sentence this court may impose on each charge is a $500 fine and/or 90 days in jail plus court costs. If you are less than 18 years of age at the time of the alleged offense, and charged with something other than a traffic violation, the maximum sentence is a fine not to exceed $500, and/or ten (10) days home detention, plus court costs. Some people may be referred by the judge to the Probation Department where a pre-sentence investigation (PSI) may be ordered prior to sentencing.
To expunge is to intentionally destroy, obliterate or strike out records or information in files, computers, and other depositories. For example, state law may allow the criminal records of a juvenile offender(under the age of 18 years) to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record. The court may expunge a juvenile's record two (2) years after the date of your release from probation or parole supervision. In order to have records expunged, a juvenile:
- must not have been convicted of a felony or misdemeanor, involving moral turpitude,
- must not have been found to be a delinquent since the time you were released from probation or parole,
- cannot have any pending charges, felony or misdemeanor, involving moral turpitude and/or delinquency petitions against them at the time the Petition for Expungement is filed and,
- must be considered rehabilitated to the Court's satisfaction.
You may obtain a "Petition for Expungement" from the 4th Judicial District Court, Room 105, 270 S. Tejon St., Colorado Springs, CO 80903. Their telephone number is (719) 448-7599. The directions and language in the petition are easily understood and you, yourself, can file it with the Court.