Skip to Content
Colorado Attorney General

Phil Weiser

Colorado Attorney General

File A Complaint
  • About Us
    • Attorney General Bio & Photos
    • Vision & Values
    • Senior Staff & Organization
    • Colorado Attorney General Annual Report
    • Attorney General Opinions
    • Contact Our Office
  • Sections
    • Administration
    • Business & Licensing
    • Civil Litigation & Employment Law
    • Consumer Protection
    • Criminal Appeals
    • Criminal Justice
    • Natural Resources & Environment
    • Division of Community Engagement
    • Revenue & Utilities
    • State Services
  • Careers
    • Attorney & Other Non-Classified Positions
    • Fellowships
    • Internships
    • Classified Staff Positions
    • Other Opportunities to Join our Team
  • Media Center
    • Press Room
    • Colorado Open Records Act – CORA
  • Resources
    • Survivors of Childhood Sexual Abuse
    • Victim Assistance
    • Budget & Accounting
    • Colorado Privacy Act
    • Code of Colorado Regulations
    • Colorado Revised Statutes
    • Coronavirus Information
    • Data Protection Laws
    • Funding Opportunities
    • Office of Financial Empowerment
    • Student Loans
    • Transparency Online Project (TOPS)
  • Licensing
    • Business Resources
    • Collection Agencies & Debt Collectors
    • Colorado Uniform Consumer Credit Code: Licensing & Notification
    • Debt Management Services Providers
    • Health Club Bonds
    • Repossessors
    • Student Loan Servicers: Licensing
    • Telemarketing
  • Recursos en español

Attorney General Phil Weiser says speedy trial deadlines should be extended to keep Coloradans safe from COVID-19

March 23, 2020 (DENVER, Colo.)— Attorney General Phil Weiser today released the following statement urging state courts to reschedule criminal trials to protect all trial participants from the COVID-19 virus:

“Criminal trials require citizens to report for jury service, and to serve on juries if they are selected. Trials require the attendance of other participants, including witnesses, defendants, attorneys, judges, and court staff. In the face of the rapidly spreading COVID-19 pandemic, conducting criminal trials at this time risks jeopardizing all of those individuals, as well as the general public.

“Under Colorado’s speedy trial statute, criminal charges must be entirely dismissed if a case does not proceed to trial by a certain deadline. The statute, however, allows prosecutors and defendants to agree to restart the clock and push the deadline out. Thus, I urge the parties in criminal cases to reach an agreement on doing just that—recognizing that we are in a public health emergency.

“Even when the parties to the case cannot agree, the courts can extend deadlines under current law in certain circumstances. For example, a judge can postpone a trial because of the ‘unavailability of evidence material to the state’s case,’ if the prosecutor has exercised diligence and there are reasonable grounds to believe the evidence will be available at a later date. The speedy trial law also allows a prosecuting attorney ‘additional time in felony cases to prepare the state’s case,’ when ‘additional time is justified because of exceptional circumstances of the case.’

“Being unable to safely conduct trials causes ‘evidence material to the state’s case’ to be ‘unavailable.’ Likewise, the inability to safely conduct trials justifies a delay ‘to allow the prosecuting attorney additional time in felony cases to prepare the state’s case,’ and the additional time is justified because of ‘exceptional circumstances.’

“I urge Colorado’s courts to recognize that, with the need to protect all trial participants from the deadly COVID-19 virus, trials should be rescheduled, and the speedy trial deadline should be recalculated under both of these statutory exceptions.

“The COVID-19 virus endangers the lives of older persons and those with underlying health conditions. It is essential that Colorado’s courts recognize that our speedy trial deadlines can and should be interpreted in a way that keeps judges, jurors, witnesses, attorneys, defendants, and other Coloradans safe. Over the longer term, I will recommend to the General Assembly that we clarify that public health emergencies should be recognized in the speedy trial law as a basis to stop the clock.”

###

Contact: Lawrence Pacheco

Director of Communications

Mobile: (720) 245-4689

lawrence.pacheco@coag.gov

Related Posts

Attorney General Phil Weiser urges businesses to refund or credit cancellations due to coronavirus

Learn More →

State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency

Learn More →

Attorney General Phil Weiser calls for a statewide pause on eviction proceedings during the COVID-19 state of emergency

Learn More →

Most Recent

Colorado Springs woman charged with stealing $240K from Medicaid in fraudulent billing

May 19, 2022 (DENVER)—Attorney General Phil Weiser today announced that the Colorado Department of Law has filed charges against a Colorado Springs woman for submitting Medicaid claims and being paid for psychological testing services that never happened. An investigation by […]

Colorado Unify Challenge brings together hundreds of Coloradans, inspires hope for the future of the state

99% of Participants Would Recommend the Experience to Family and Friends May 17, 2022 (DENVER) – Over the course of three days in late April, The Colorado Unify Challenge took place, bringing together hundreds of Coloradans from every corner of […]

Comcast customers able to save money on HD television service under agreement with Colorado Attorney General’s Office

May 13, 2022 (DENVER)—Approximately 40,000 Comcast customers can switch without penalty to a new plan that does not include a monthly $9.95 fee for high-definition television service under an agreement Attorney General Phil Weiser announced today. In the early 2000s, […]

Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203

(720) 508-6000

Contact the Office of the Attorney General

Contact

Facebook
Twitter