Legal Question in Traffic Law in Colorado

Can law enforcement act as a prosecuting attorney?

During Traffic Court (not arraignment) in Centennial, Colorado, there is not a prosecuting attorney present. The citing officer is responsible for all presentation of the cities' case. The Judge asks the officer if he/she is ready to present the case, and in truth this officer represents the city fully as a prosecuting attorney. I was led to believe that no one can represent an individual, business or government other than themselves unless they have been approved as attorneys by the bar association. Is this legal? Also, the court of Centennial states that I am not entitled to trial by Jury for this traffic offense. I thought that when tried, an individual always has a right to be tried by Jury, regardless of the offense. Is this true?


Asked on 1/06/05, 2:03 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: Can law enforcement act as a prosecuting attorney?

Hello:

First, a police officer can act as the prosecutor in a few instances, such as traffic infractions. Because a traffic infraction is not a criminal charge, the rules are relaxed (the Constitution clearly addresses criminal charges, but it does not address traffic infractions -- the founding fathers had no way of knowing about the use of autos). Courts have determined that driving is a privilege and not a right, therefore different rules can apply at times. The officer is not acting as an attorney; rather the officer merely restates the facts of the incident in front of the judge so that the judge can determine whether the elements of the violation have been met.

Second, the right to a jury trial applies only when there is possible jail time more than 6 months. If the penalty is less or no jail time, then there is no right.

I hope this information helps you. David Colt 303-321-6872

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Answered on 1/06/05, 3:55 pm


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