FAQs
Questions answered
As part of our commitment to educating and providing information to everyone on the criminal justice system in Colorado, our team of legal experts has compiled answer to the most frequently asked questions in our line of work.
Frequently Asked Questions:
FAQs About CDAC
What is the Colorado District Attorneys' Council (CDAC)
The Colorado District Attorneys’ Council is a statewide organization representing the district attorneys for all 23 of the Colorado’s judicial districts.
What Does CDAC do?
CDAC promotes, fosters and encourages an effective administration of criminal justice in Colorado. We provide centralized prosecution-related services to the state’s district attorneys, including training of personnel, legislative drafting and liaison, legal research, management assistance, case tracking data and safeguarding, dissemination of data to other criminal justice agencies, and other special programs.
Who is in charge of CDAC?
Tom Raynes is the Executive Director for CDAC, serving at the pleasure of the 23 district attorneys that make up the organization’s board of directors.
Where does CDAC receive its funding?
District attorneys across Colorado fund CDAC through money allocated by their respective county commissioners. Additional funding is received for specific programming from state and federal grants.
Why does CDAC lobby elected officials?
The CDAC policy team has over 120 years of prosecution experience and access to the state’s foremost experts from every aspect of the criminal justice system. It is CDAC’s responsibility to utilize these assets to promote community health and safety in legislative matters and represent the shared interests of the state’s district attorneys at the Capitol.
Does CDAC represent law enforcement officers or agencies?
No, the CDAC policy team only represents the state’s district attorneys in legislative matters.
What kinds of training does CDAC provide?
Trainings provided by CDAC and its programs include legal updates, constitutional rights and best practices in prosecution and law enforcement.
Does CDAC prosecute cases?
Criminal cases in Colorado are prosecuted by the district attorney in their respective judicial district, but CDAC’s legal experts will provide assistance and consultation or serve as a special prosecutor on specific criminal cases when it is requested by the local DA’s office.
Does CDAC handle complaints against district attorneys?
No, all complaints against district attorneys in Colorado are handled by the Office of Attorney Regulation Counsel. To file a complaint, contact the OARC by calling 303-457-5800 or toll-free at 877-888-1370.
FAQs About DAs
What is a District Attorney (DA)?
District attorneys – or DAs – are dedicated public servants charged with seeking the truth and pursuing justice under the law on criminal matters that occur in their jurisdiction. The title includes both the elected DA and the prosecutors in their office.
What qualifications are required to run for district attorney?
To be eligible to run for district attorney in Colorado, candidates must meet the same qualifications of district court judges. They must be licensed to practice law in Colorado for five years, a qualified elector of the judicial district at the time of their election or appointment and reside in the district throughout their term in office.
How many prosecutors are in a district attorney's office?
Depending on the local population and funding, district attorney offices in Colorado vary greatly when it comes to resources. The number of prosecutors in a jurisdiction varies from as little as three to over 100.
How are district attorney offices funded?
The state only provides funding for up to 80% of the elected district attorney’s salary. The remaining salary, other staff positions and all resources in the office are funded locally by the counties in each respective jurisdiction. Office budgets are allocated by each district’s county commissioners.
Are district attorneys part of law enforcement?
District attorneys, assistant DAs, chief deputy DAs, special deputy DAs and special prosecutors are categorized as peace officers. Although their authority includes the enforcement of all laws of the state and they work cooperatively with local law enforcement agencies in criminal investigations, DAs serve as a check on the discretion of law enforcement and ensure the protection of the accused’s constitutional rights.
How do I find out which prosecutor has my case if I'm the defendant?
Ask your attorney or contact the district attorney’s office for the judicial district where you have been investigated or charged with a crime.
How do I find out which prosecutor has my case if I'm a victim or witness?
If you are a victim of a crime or other interested party, you can contact the victim advocate or administrative personnel at the district attorney’s office in the judicial district where the crime occurred.
What if a district attorney refuses to file charges on a case?
With very limited exceptions, the district attorney has the final say in all criminal cases within their jurisdiction.
Can I file a complaint against a prosecutor or elected DA?
Yes, complaints against prosecutors in Colorado are handled by the Office of Attorney Regulation Counsel. To file a complaint, contact the OARC by calling 303-457-5800 or toll-free at 877-888-1370.
FAQs About the Law
What is the difference between a criminal vs civil case?
A criminal case involves an offense against the general public interests of a state and, as such, is prosecuted by an attorney representing the state (e.g., municipality, county, state, nation). Civil cases involve legal disputes between two individuals or private parties.
What are the different levels of the criminal justice system?
There are six types of courts in the Colorado criminal justice system – municipal courts, water courts, county courts, district courts, the Colorado Court of Appeals and the Colorado Supreme Court. District attorneys prosecute misdemeanor cases in county court and felony cases in district court.
What is the difference between a felony and misdemeanor?
In Colorado, people convicted and incarcerated for felony crimes are sentenced to state prison for at least one year. Those incarcerated for misdemeanor offenses serve a sentence of up to 18 months in a county jail.
Who decides if/what charges to file?
District attorneys in Colorado have the sole authority in deciding what charges to file or if to file them.
What is the burden of proof in a criminal case?
What is the difference between competency and an insanity defense?
A defendant in Colorado is determined to be competent to proceed with trial unless they are unable to understand the criminal process they are involved in due to a mental or developmental issue. Insanity involves the defendant’s mental capacity at the time the crime was committed. A defendant can be found “not guilty by reason of insanity” if they were unable to tell right from wrong or control their behavior at the time of the crime due to a mental defect or impairment.
What happens when someone receives a summons?
With the exception of higher-level felonies, the court can issue the accused with a summons listing the charges being filed and their date appear in court. This is an alternative to arresting and booking a suspect who isn’t deemed a risk to flee or a threat to the safety of the victim or general public.