Promoting safety, health and equal justice for their communities
Prosecutors are dedicated public servants who are actively involved in their communities and passionate about pursuing equal justice by seeking the truth in every case and protecting the rights and safety of everyone throughout the criminal justice process.
In Colorado, prosecutors play a vital – yet limited and clearly defined – role in ensuring criminal justice and public safety.
Unlike defense attorneys, prosecutors have numerous obligations to both the public and the accused in every case.
Prosecutors have the power to individualize the criminal justice response and pursue an appropriate solution for each case.
Prosecutors are held to high standards and are subject to several oversight mechanisms to ensure they act fairly.
create and control the laws that define criminal conduct and the corresponding criminal justice response.
investigates reported crimes and determines if there is enough probable cause to make an arrest.
file charges only after determining there is a reasonable likelihood of conviction at trial.
determines at trial whether or not the evidence presented proves the defendant guilty beyond a reasonable doubt.
determines after a defendant has been convicted the appropriate sentence as defined by the law.
Supreme Court Justice Sonia Sotomayor
Former New York Assistant District Attorney
District Attorneys are elected to be the people’s voice. Prosecutors act independently from political or financial influence. They are often the last line of defense against corruption. In Colorado, prosecutors have the discretion to individualize the criminal justice response to each case within the legal framework enacted by the legislature. Considering the evidence, nature of the crime, criminal history of the accused and victim input, prosecutors have the ability to:
Prosecutors in Colorado are subject to some of the strongest ethical and procedural rules in the country. These guardrails, which are rooted in law and ethics, are designed to put safeguards in place to ensure fairness and transparency in the criminal justice system. These overlapping layers of oversight include:
District Attorneys are directly accountable to the voters. They serve four year terms and are also subject to Colorado’s recall election process.
Colorado Rules of Professional Conduct have specific requirements for prosecutors that go above what most attorneys must follow.
The OARC investigates ethics violations and issues disciplinary sanctions, which can include disbarment.
Judges have the power to exclude evidence, dismiss charges, and hold prosecutors in contempt if they violate rules.
The Colorado Prosecutor Data Initiative provides a transparent window into the innerworkings of DA offices around the state.