Frequently-Asked Questions

Frequently-Asked Questions 2016-11-10T11:29:53+00:00

Our staff is ready to answer your questions. Please check the Home tab above for phone numbers and call one of our offices during business hours.

You can also get in touch with us by e-mail right from this page and we will get back to you.

Please check below for answers to the questions we receive the most.  Click the plus sign to view the answer to each question:

How do I report a crime? 2016-11-08T11:10:09+00:00

Call 911 in an emergencyPlease call 911 in an emergency.  They can dispatch the proper law enforcement agency to respond to your call.  In non-emergency circumstances you may contact the law enforcement agency that has jurisdiction over the place where the alleged crime occurred.

How do I drop charges against someone? 2016-11-08T11:13:24+00:00

In Colorado, criminal charges are brought against a defendant by the State in the name of The People of the State of Colorado. A victim or reporting party does not have the authority to drop criminal charges.

How do I make changes or additions to a police report? 2016-11-08T11:16:40+00:00

If you need to make additions or corrections to a police report, you will need to contact the agency that originally took your report and file a supplemental report with them.

How do I get a protection order? 2016-11-08T11:29:56+00:00

You may apply for a Civil protection order through the clerk of court. You may be able to obtain assistance from a community resource center, such as Tri-County Resource Center, the San Miguel Resource Center or Project Hope of the Gunnison Valley.

In all criminal cases except traffic matters, a criminal protection order is entered automatically once the case is charged and the defendant appears in court. This order is mandatory. The order may name one or more protected parties, and may include additional provisions such as no alcohol or illegal drugs, home exclusion and no contact. In domestic violence cases, every such order must include provisions that prohibit the use or possession of firearms and order the temporary forfeiture of all firearms and ammunition. As long as the case is open, the criminal protection order will remain in effect, including after sentencing. A protection order can be modified by the court.

How do I change or drop a protection order? 2016-11-08T11:31:04+00:00

As long as the case is open, the criminal protection order will remain in effect, including after sentencing. A protection order can be modified by the court.

In domestic violence cases, if you are a protected party and you want to modify the protection order, you must submit a written statement as to why you want the provisions changed. In addition, the court may require that you meet with someone from a community resource center for an educational class on safety planning, power and control, and other information about domestic violence before a modification will be considered by the court.

How do I obtain copies of “discovery” from the DA’s office? 2016-11-08T11:39:12+00:00

“Discovery” is the police reports, witness statements and other documentary evidence associated with a case. Discovery is provided automatically once an attorney informs the court and the District Attorney that they represent a defendant in a case. An individual defendant can only obtain discovery if they are not represented by an attorney and have not applied for the services of the Public Defender. Contact the Office of the District Attorney that is handling your case for information on ordering and picking up discovery.

What if I think the police or sheriff violated the law? 2016-11-08T11:40:12+00:00

If you believe a law enforcement officer violated your rights or violated the law you should contact the supervisor or superior of the officer involved. The District Attorney does not supervise law enforcement officers. The District Attorney has no authority to discipline law enforcement officers.

If you believe a law enforcement officer has violated a criminal law you may submit a complaint to the District Attorney’s Office. Your complaint must be in writing, must indicate your efforts to contact the law enforcement officer’s supervisor or superiors, and must include specific facts and evidence supporting your complaint.

I received a subpoena – why and what should I do? 2016-11-09T10:38:59+00:00

You have information or witnessed something that has bearing on a case and are being called to testify at a trial or hearing. If you received a subpoena duces tecum, you are being asked to appear in court, testify and bring documents to court.

If you receive a subpoena from the District Attorney’s Office through the US mail, please sign and return the signed subpoena in the self-addressed envelope provided. If you received the subpoena from a Sheriff’s Deputy or a private process server you do not need to return anything. The deputy or process server will notify the District Attorney’s Office that you have been served.

Once you are served by mail or in person, you MUST appear in court on the date, time and place specified on the subpoena. Failure to do so may result in a warrant for your arrest. If you have a conflict with the scheduled court date, please call the attorney’s office that issued the subpoena immediately.

Frequently court hearings are continued or witnesses testimony is not needed at the last minute. Upon receipt of a subpoena from the District Attorney’s Office, please contact us promptly to make sure we have current contact information for you so that we can notify you if you do not need to appear in court.

Can I speak to a Deputy DA before my court appearance? 2016-11-08T11:43:23+00:00

No.  Court rules require that you must appear in court and be advised of your rights and the charges against you before you can speak to a Deputy DA.

If you are charged with No Proof of Insurance or Failure to Register a vehicle, you may bring proof of valid insurance or vehicle registration to the District Attorney’s Office at any time.

What if I missed my court date or want to reschedule a court date? 2016-11-08T11:44:32+00:00

You may have a bench warrant for your arrest. Call the court where you were supposed to appear to check if you have an active warrant.

To reschedule your court date you or your attorney must submit a request in writing and give a copy of the request to the DA. Only the court can continue or reschedule your case. For more details contact the court clerk.

How do I get restitution? 2016-11-12T14:10:21+00:00

Make sure you complete a victim’s impact statement and restitution report form and return it to the District Attorney’s Office with all supporting documentation.

Once restitution has been ordered, the court is responsible for collecting and distributing restitution and you should contact the court Collections Investigator with questions.

How/When can I get my property back from a Law Enforcement Agency? 2016-11-08T11:51:13+00:00

When a case is closed (usually at the time of sentencing) the District Attorney’s Office notifies all involved Law Enforcement Agencies if the DA no longer needs the property or evidence to be held for prosecution. The property or evidence is then subject to release pursuant to the agency’s policies and procedures.

We recommend you wait at least fourteen (14) days after a case is closed before you contact the law enforcement agency to claim your property.