2023 Colorado Post Study Guide

Formal requirement for a victim to file a complaint: Attempt to resolve the matter at a local level Sexual assault (§18-3-402) // any actor who knowingly inflicts intrusion or penetration (F4) if: the actor causes submission of victim OR the actor knows the victim is incapable of appraising the nature of the conduct, OR actor knows there is erroneous submission (believing to be their spouse), OR victim is under 15 and actor is at least 4 years older (M1), OR between 15 and 17 and actor is 10 yrs. older, OR victim is physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim suffers SBI, involves use of deadly weapon (or verbally represents) Photographic arrays ID procedures are not necessary if the witness knows the suspect (i.e. more than a short time or mere acquaintances) Label each part of the following statute: 16-3-504(2.2) (a)(II)(A) 16 - Title 3 - Article 504 - Section (2.2) - Subsection (a) - Paragraphs (II) - Sub-Paragraphs (A) - Sub Sub-Paragraphs What are the two types of arrest? Custodial non-Custodial An emergency protective order expires after _____? Three judicial days § 18-1-402. Presumption of Innocence Every person is presumed innocent until proved guilty § 18-1-403. Legal Assistance and Supporting Services All indigent persons who are charged with or held for the commission of a crime are entitled to legal representation and supporting services at the state's expense Dunaway v. New York said what? an officer needs PC for any arrest § 18-1-404 Preliminary hearing or waiver-dispositional hearing Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right to demand and receive a preliminary hearing within a reasonable time to determine whether PC exists Only those persons charged with a class 4, 5, or 6 felony that requires mandatory sentencing, or is charged with a crime of violence or sexual offense, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether PC exists How many jurors on a felony trial? 12 How many jurors on a misdemeanour trial? 6 How long for a speedy trial? 180 days from the date of entry of a not guilty plea § 18-1-405 What property crime can you use deadly force to defend against?