Legal Question in Criminal Law in Colorado

Trail Date

My son is being held in the Denver County Jail. He has been there since 11/30/06. I have no way of posting his bond. He went to court back in late Dec or early Jan 07. He received a trial date for 04/02/07. Come to find out this is only to schedule another trail date. He has not been convicted of any crime but his Pulid Defender states it might be another 2 to 3 months before he recieves a trial date. Is there any way he can receive a faster trail date, since he is sitting there in jail doing time for nothing. He has not been convicted of any crime yet. I would appreciate any reply. Thanks


Asked on 3/09/07, 3:56 pm

2 Answers from Attorneys

Deborah Grohs Deborah J. Grohs, P.C.

Re: Trail Date

Everyone accused of a crime has a right to speedy trial. In Colorado, a defendant must be brought to trial within 180 days of the day he demands speedy trial. Of course, the time can be tolled if the defendant's attorney requests a continuance. I suggest that you speak to your son's attorney and ask why the case is being continued. It is possible that the attorney is not prepared to go to trial as soon as you would like. Public Defenders traditionally have large caseloads. It is important that the attorney be fully prepared and have sufficient time to investigate the case. It is nothing to rush into. When it is time for your son's trial to go forward, you want to be assured that the attorney has been given plenty of time to be ready so that he or she can do the best job possible for your son. Also, the Judge determines when a case gets set for trial based on his or her docket. Trial dates get set out in the future because several other cases are already set for trial between now and then.

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Answered on 3/09/07, 4:16 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Trail Date

Why is there "no way of posting his bond" What is the amount of bond? He can request a bond reduction hearing or personal recognizance bond. The Public defender is busy working on a couple hundred cases right now, so the PD will not even prepare for trial until June. If he wants out sooner, he will need to get the PD to look at his case for bond reduction.

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Answered on 3/09/07, 4:22 pm


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