Frequently Asked Questions
When a crime is committed it is a crime against the State. This is true even if you are a victim of a crime. An individual as a victim has a right to file a civil law suit and drop it if they so desire. That same victim may want to give the prosecutor information as to what they think should be the result in a criminal case. That can be done by letter, report to the investigating officer, or by telling a victim advocate. However, because the prosecutor represents the State only the District Attorney can decide which cases will go forward and which cases might be dropped. The victim has no control over the charges filed against a person for violating the laws of the State.
The Office of the District Attorney serves the People by being their advocate in Criminal Cases. The District Attorney and his deputies are restricted in what they do and cannot represent any individual in a civil law suit nor can they give advice to people on legal issues that are not part of a criminal case.
Get the Bad Check form from the District Attorney's office. After you have filled it out and sent it in, the investigators will complete the steps necessary to either give the person a chance to pay you and accept a special program on financial responsibility or have charges filed. It is important that you read the materials on bad checks, even on this web site. If you have not followed the necessary steps in accepting a check the District Attorney may not be able to help you or file charges. You may have only a civil action for the money owed.
The Public Defender represents people who cannot afford an attorney. They only do so when appointed by the Court. You may contact their office by calling: 546-0004. Be patient; they have an answering system that takes some time.
Legal Aide represents people who cannot afford to hire a private lawyer. They do not represent people in civil actions seeking money damages unless there are specific qualifying reasons. They assist people in protecting their civil rights in domestic cases, employment cases, landlord/tenant cases and civil rights. They can be reached at: 544-5555
The Judicial Building is where the State Courts are located and may be reached by calling: 583-7125 or call their directory number: 583-7000
Municipal Court also handles a number of cases filed by Pueblo Police Officers, the Health Department or the Inspectors for the City. That number is: 545-2634 and their Traffic Division for City Traffic Offenses is: 545-9690
If the crime you believe has been committed was committed in the City of Pueblo call the Police Department: 549-1200.
If the crime was committed in the County call the Sheriffs office 583-6125
If the crime was on the highways of the State of Colorado, call the Colorado State Patrol 544-2424
If you have reason not to call one of these agencies and want to initiate an investigation by the District Attorney or the Grand Jury you must write out all the facts known to you as to why you think a crime was committed. Either attach all relevant documents or list the documents you have with a description of what they are and why they are relevant. Send your letter asking for an investigation to Bill Thiebaut, District Attorney ; 701 Court St., Pueblo, CO 81003
IF YOU HAVE AN EMERGENCY CALL 911
If you are the victim in a case, call the Victim Advocate. If you have lost the Advocate's number call 583-6030.
If you are an interested party to the case. Write the Office of the District Attorney. Give the name of the Defendant and any information you know that will help identify the case. Case Number, Birthday of Defendant, Name of Victim, Date of Crime. Be sure to state the reason you want the information. That may be a determining factor in when you get the information and what information will be provided. The address is: 701 Court St., Pueblo, CO 81003
There are several types of restraining orders. If a Criminal Case has been filed there is automatically a restraining order against the Defendant harassing, threatening or in any way assaulting a victim or witness in the case.
If no Criminal Case has been filed it is necessary to file a request for a restraining order with the Court. The easiest way is to hire a lawyer to do it for you. You can go the the Court at the Judicial Building at 10th and Grand and the Clerks will give you an instruction sheet on how to obtain a restraining order.
If you receive a subpoena in the mail, immediately send the post card portion signed by you that you received it to the District Attorney. Keep the part that tells you the date you must appear in Court and the name of the case. Also, call the number listed to make sure you are still needed on that date. If you are confused by the subpoena and there is at least three weeks between the time you receive it and the time you must be in Court, write the Deputy and ask your questions. If there is less than that time, call a Victim Advocate. Call 583-6030 and give the receptionist or the advocate the name and number of the case and the date you are expected in Court. They will get the information for you and call you with that information or have the Deputy District Attorney handling the case call you.
No. You must appear in answer to the ticket in Court. If the date is a problem you may call the Court and ask to continue the date to another day. When you do appear in Court you can arrange a time to talk with the Deputy handling the case about the case and any possible disposition. The deputy will listen and make decisions on how to proceed. If the Deputy makes an offer for a plea it will be the same offer that would be made to your lawyer if you hired one.
It is best to turn yourself in at the Sheriff's Office to avoid a more embarrassing and possibly dangerous arrest on the street or elsewhere. You may want to call a private lawyer or the Public Defender. Tell them you know there is a warrant for your arrest and get their advice.
Adult records – Records that are sealed are physically sealed and not available for inspection and will not be shown on a background check. If you have a conviction, your criminal records may not be sealed. However, if charges against you were dismissed, or you were acquitted at trial, or if you were not charged with any offense arising out of a law enforcement investigation, you may file a petition in District Court asking the Court to seal all records pertaining to the case and any arrest or investigation related to it. The Court will hold a hearing to determine if the harm to your privacy and “dangers of unwarranted adverse consequences” outweigh the public interest in retaining the records. Sealing of records is not available for Class 1 or Class 2 traffic offenses or Class A or Class B traffic infractions. Also, a record may not be sealed if it pertains to an offense not charged due to a plea agreement in a separate case, or if a dismissal occurred as part of a plea agreement in another case.
You may obtain a form to file a petition to seal arrest and criminal records at the Office of the Clerk of the District Court, 10th and Grand, Pueblo, CO 81003. A filing fee is required. Further details pertaining to sealing records may be found in the Criminal Justice Records Act in Colorado Revised Statutes 24-72-301 through 309.
Juvenile Records - “Expungement” is designating juvenile delinquency records whereby such records are deemed never to have existed. A juvenile is a person under eighteen years of age. Expunged records may only be inspected by judges or the probation department or by Order of the Court, except that basic identification information concerning the record continues to be available to law enforcement and the Department of Human Services, but not to the military services.
If you want to have a record expunged, you must file a petition in the appropriate court. No filing fee is required. You may obtain a petition form from the Clerk of District Court in the Pueblo Judicial Building. The Court will set a date for hearing. Whether you are eligible to have your record expunged depends on a number of factors, including: the type of crime you committed, the disposition in court, the length of time since completion of your case, and whether you have been charged with subsequent crimes. Details regarding expungement may be found in the Colorado Revised Statutes in Section 19-1-306.
Generally, a person is able to get a copy of a written investigative report concerning a criminal incident. The procedure for obtaining a copy of the report depends on whether you are a defendant or a victim, and whether the investigation results in criminal charges being filed in court. If the investigation is complete and no charges are going to be filed in court, you may request a copy of the report from the investigative agency (Police Department, Sheriff’s Office, State Patrol, etc.). However, copies of investigative reports will not normally be provided while the investigation is on-going. To provide reports during this time could compromise the investigation.
If the District Attorney has filed charges in court, copies of the report will be provided to the defendant or his attorney upon written request to the District Attorney. Providing these copies is referred to as “discovery” and it is part of the normal course of prosecution. A victim, or the victim’s attorney, who would like to obtain a copy of a report after charges are filed in court, may also make a written request to the District Attorney. Normally, a copy of the report can be provided unless there is a special circumstance that might jeopardize the prosecution. A fee to cover the cost of the copies is charged whether you are a defendant or a victim.
If you are a defendant and you missed a court date, what you should do depends on whether or not you are represented by an attorney. If an attorney represents you, you should immediately contact your attorney for advice. If an attorney does not represent you, what you do depends on the timing. If you missed a court appearance earlier in the day, you may want to call the Court’s Clerk, to find out if an arrest warrant has been issued or whether other arrangements can be made to appear before the court. If your missed court appearance was on a previous day, then you should contact the Pueblo Sheriff’s Office to determine if an arrest warrant was issued and, if so, the amount and type of bail (cash, property, surety or personal recognizance). You may be able to arrange with the Sheriff to turn yourself in. Before doing so, you may wish to arrange for bail. For example, you may want to contact a bail bondsman to arrange for a surety bond, or you may want to obtain sufficient cash for a surety bond. Upon your arrest (or turning yourself in), a new court date will be set.
To be evicted, a tenant must clearly violate the lease agreement. A landlord can legally evict a tenant through formal legal eviction proceedings called forcible entry and detainer. There are generally three types of eviction proceedings: 1) at the end of the rental period; 2) eviction for non-payment of rent; or 3) eviction for violating terms of a lease. For each type of eviction, the landlord must serve the tenant with a written signed Notice/Demand. The contents of the Notice and the time that it must be served depends on the type of eviction.
If eviction Notices are ignored, the landlord may go to Court and file a lawsuit. Once the landlord obtains a judgment, the Court can issue a Writ of Restitution after 48 hours to have the Sheriff remove the tenant from the premises. The details of eviction law are complex. The basic law is provided in Colorado Revised Statutes 13-40-101 through 126. However, consultation with an attorney is advisable.