A criminal charge can hang over a person’s life for months. Colorado law doesn’t let prosecutors take unlimited time, though. The state’s speedy trial statute sets a deadline, and understanding it can change how a defendant approaches the case.
Colorado Sets a Deadline for Bringing a Case to Trial
Under C.R.S. 18-1-405, a defendant who pleads not guilty is generally entitled to a trial within six months of that plea. If the case isn’t tried in that time, the charges are dismissed unless an exception applies. The rule gives a defense attorney a calendar to work from.
The Clock Starts With a Not Guilty Plea
The six months don’t begin on the day of arrest or the day charges are filed. They run from the entry of a not guilty plea. That makes the first appearance and arraignment important dates to track. For anyone newly arrested, bail and court dates set the stage for when that plea happens. Because the plea date controls the count, a defendant should confirm it with the court and write it down. A miscalculated date can undo the whole timeline.
A Defense Continuance Can Extend the Period
The statute allows the period to grow in some situations. When the defendant asks for a continuance, the trial deadline can extend by an additional six months. A continuance may be reasonable if the defense needs more time to review evidence, but it carries a cost. Agreeing to a delay without understanding the speedy trial effect can give up bargaining power.
Time That Doesn’t Count Toward the Deadline
The statute also lists periods that are excluded from the calculation. Examples include:
- Time when the defendant is found incompetent to proceed
- Periods when the defendant is voluntarily absent or unavailable
- Delay caused at the defendant’s own instance
Because the excluded time can add up, the deadline on the calendar may not match the deadline a judge applies. Careful tracking matters.
Why the Deadline Matters to Defense Strategy
A looming deadline can influence negotiations. Prosecutors who aren’t ready to proceed may reconsider charges, offer different terms, or ask the court for more time. Whether they succeed depends partly on the reasons for delay. The reasons why prosecutors drop charges show how timing and evidence pressure can combine.
A Dismissal Is Never Guaranteed
The statute has enough exceptions that no defendant should count on a dismissal for a missed deadline. A defendant who wants one must also ask for it before trial, or the right is waived. The clock is one tool among many. Preparation, evidence review, and honest case assessment remain the foundation. Strong defenses can come from a former prosecutor’s perspective on what the other side can and can’t prove.
Different Charges Need Different Planning
A traffic matter, a misdemeanor, and a felony can each move at a different pace. Knowing misdemeanor versus felony charges helps a defendant gauge how much is at stake and how quickly to respond.
Driving Charges Add Another Layer
A driver charged with DUI may face a separate license process along with the court case. Canon City drivers in that position may want advice from a Canon City DUI lawyer on both fronts.
Local Defense for Fremont County Charges
People facing charges in Fremont County can work with a Canon City criminal defense lawyer to track the speedy trial deadline and decide when a delay helps the defense. The right answer changes from case to case. Early guidance helps a defendant avoid missteps, such as agreeing to a delay that quietly extends the calendar. Fremont County cases follow the same state statute as any other Colorado court.
Christian A. Schwaner Knows the Prosecution Side
Founder Christian Schwaner leads Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer and has practiced criminal defense for more than 20 years. He is a former Deputy District Attorney in El Paso and Teller Counties and a former Special Prosecutor in Pueblo and Canon City. He has been admitted to the Colorado bar since 1997.
Know Your Dates Early
Write down every court date and every continuance. If you’ve been charged and want help tracking the deadlines in your case, get in touch with us as soon as you can.
