A bill of particulars may be amended at any time subject to such conditions as justice requires. A motion for a bill of particulars may be made only within 14 days after arraignment or at such other time before or after arraignment as may be prescribed by rule or order. The court may direct the filing of a bill of particulars. (IV) That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction. (III) That the offense was committed within the jurisdiction of the court, or is triable therein (II) That the defendant is identified therein, either by name or by the defendant’s patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant (I) That it is presented by the person authorized by law to prosecute the offense The information shall be deemed technically sufficient and correct if it can be understood therefrom: (1) An information shall be a written statement, signed by the prosecutor and filed in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The Law That Supports The Colorado Bill Of Particulars – Rule 7Ĭolorado Rules of Criminal Procedure – Rule 7. Experienced Colorado Criminal Defense Attorneys use this rule to file a Motion for a Bill of Particulars to force the District Attorney to define specifically the key underlying facts alleged to have been committed within each offense charged.īriefly, the purpose of the Colorado Bill of Particulars is to demand a description of the facts that the prosecution intends to prove at trial while also placing limits on the proof at trial to those areas described in the Bill. Support for a Colorado Bill of Particulars is found in the Colorado Rules of Criminal Procedure – specifically Rule 7 (g). It is in this situation that the Defense can use the Motion For A Bill Of Particulars. If there are multiple charges called “counts” – all of the charges maybe indistinguishable from one another. Often that Complaint will be written using the language of the criminal statute and nothing more. When you are charged with felony crimes in Colorado it is most likely the vehicle used in court will be the Information and Complaint. This is the multiple paged document that is handed to you by the Judge or DA at your advisement hearing.Īn Information And Complaint Is Used To Charge You In Colorado Felony Criminal Cases Michael Steinberg Colorado Violent Assault Crimes Criminal Defense LawyerĬolorado Criminal Law – Using The Bill Of Particulars To Fight Your Criminal Case – One of the least understood but most powerful tools in the Colorado criminal justice system is the Motion For A Bill Of Particulars.Īlmost all Colorado criminal cases are charged in a document called an Information and Complaint. 13, 1995).Colorado Criminal Law – Using The Bill Of Particulars To Fight Your Criminal Caseīy H. Where there is a question whether or not the State has adequately disclosed the necessary information, all doubts should be resolved in favor of requiring disclosure so that the defendant is informed of the facts necessary to mount a complete defense.266Ģ63. However, the State is not required to disclose its theories or the manner in which it believes the crime was committed.265 A defendant is entitled to be informed of the specific dates and/or, where relevant, time periods in which the events giving rise to the charge. The court must balance the need to insure that the accused possesses the information necessary to prepare a complete defense against the government’s right not to disclose completely the detailed evidentiary facts and theories that is expects to prove at trial.264Ī criminal defendant is entitled to have the government state the central facts that will enable the defendant to conduct an investigation of the events giving rise to the charge. The availability and scope of a bill of particulars, and the sufficiency of the response thereto, are matters within the discretion of the trial court. The bill of particulars is designed (i) to inform the defendant of the specific nature of the charges where necessary to prepare a complete defense (ii) to prevent or minimize the possibility of a prejudicial surprise at trial and (iii) to protect against double jeopardy prosecutions.263 A criminal defendant may request a bill of particulars when the indictment fails to notify the defendant of the elements and the essential facts of the specific charges.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |