Legal Question in Criminal Law in Colorado
Denied a bench trial
My husband asked for a bench trial for his third trial and his request was denied by the District Attorney.
Is it legal for the DA to deny a defendant a bench trial in Colorado? I've been searching online and have not found where the law states a defendant can be denied this right.
Thanks.
Asked on 12/26/05, 9:57 am
1 Answer from Attorneys
Daniel Fenaughty
FENAUGHTY & ASSOCIATES, PC
Re: Denied a bench trial
The DA is a party. The DA can oppose your motion for a bench trial, but the Judge MUST rule on it. Nothing is settled just because the DA opposes it. So it is illegal for a DA to DENY a bench trial. Why is this a 3rd trial? What happened in the 1st two? What is the charge?
Answered on 12/27/05, 11:27 am
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