What does the District Attorney’s Office do?

The 12th Judicial District (JD) is one of 23 Judicial Districts in the state of Colorado. The 12th JD serves as the trial court for the jurisdiction encompassing the six counties in the San Luis Valley, including: Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache. Therefore, criminal cases in Colorado are prosecuted by the district attorney in their respective judicial district.

The District Attorney’s office handles a variety of cases, ranging from criminal and traffic cases to high-profile felony cases. Additionally, the district court has appellate jurisdiction over cases from the county court. The district attorney's office within the 12th Judicial District focuses on restoring trust in the criminal justice system, enhancing victim engagement, and promoting community safety and rehabilitation.

What is a District Attorney?

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.

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.

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 few as three to over 100. The 12th JD currently has seven prosecutors.

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 which prosecutor has my case if I am 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 which prosecutor has my case if I'm a victim or witness?

If you are a victim of a crime or another 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.

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 a 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?

The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

What is the difference between competency and 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.