Prosecutors
Promoting safety, health and equal justice for their communities
Representing the people
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.
The Role
In Colorado, prosecutors play a vital – yet limited and clearly defined – role in ensuring criminal justice and public safety.
Responsibility
Unlike defense attorneys, prosecutors have numerous obligations to both the public and the accused in every case.
Discretion
Prosecutors have the power to individualize the criminal justice response and pursue an appropriate solution for each case.
Partners in Public Safety
Legislators
create and control the laws that define criminal conduct and the corresponding criminal justice response.
Law Enforcement
investigates reported crimes and determines if there is enough probable cause to make an arrest.
Prosecutors
file charges only after determining there is a reasonable likelihood of conviction at trial.
Jury/Judge
determines at trial whether or not the evidence presented proves the defendant guilty beyond a reasonable doubt.
Judge
determines after a defendant has been convicted the appropriate sentence as defined by the law.
"My job as a prosecutor is to do justice and justice is served when a guilty man is convicted and an innocent man is not."
Supreme Court Justice Sonia Sotomayor
Former New York Assistant District Attorney
Responsibilities in Criminal Cases
Prosecutors
- Seek the truth
- Pursue justice, not a conviction
- Serve the public interest
- Protect the defendant’s constitutional rights
- Ensure the accused receives a fair trial
- Keep the public informed without compromising due process
Defense Attorneys
- Provide a zealous defense regardless of their client’s guilt
Prosecutor Discretion
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:
- Refuse to file charges
- Determine what charges to file
- Dismiss a case
- Negotiate plea bargains
- Recommend sentencing