Colorado POST Study Guide Exam 2026
Questions and Answers
What are the two types of arrest? - Correct answer-Custodial
Non-custodial
What property crime can you use deadly force to defend against? - Correct answer-
First Degree Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - Correct answer-16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
©COPYRIGHT 2025, ALL RIGHTS RESERVE 1
,18-1-402. Presumption of Innocence - Correct answer-Every person is presumed
innocent until proved guilty
18-1-403. Legal Assistance and Supporting Services - Correct answer-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
18-1-404 Preliminary hearing or waiver-dispositional hearing - Correct answer-
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 long for a speedy trial? - Correct answer-180 days from the date of entry of a
not guilty plea
18-1-405
©COPYRIGHT 2025, ALL RIGHTS RESERVE 2
,How many jurors on a felony trial? - Correct answer-12
How many jurors on a misdemeanor trial? - Correct answer-6
18-1-407 Affirmative Defense - Correct answer-means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to raise the
issue, shall present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the
defendant must be... - Correct answer-established beyond a reasonable doubt as to
that issue as well as all other elements of the offense
Act - Correct answer-a bodily movement, and includes words and possession of
property
Conduct - Correct answer-an act or omission and its accompanying state of mind
or, where relevant, a series of acts of omissions
Criminal Negligence - Correct answer-through a gross deviation from the standard
of care that a reasonable person would exercise, he fails to perceive a substantial
and unjustifiable risk that a result will occur or that a circumstance exists
Culpable Mental State - Correct answer-Intentionally
Knowingly
Recklessly
©COPYRIGHT 2025, ALL RIGHTS RESERVE 3
, Criminal negligence
Intentionally - Correct answer-when his conscious objective is to cause the specific
result proscribed by the statute defining the offense
Knowingly - Correct answer-when he is aware that his conduct is of such nature or
that such circumstance exists
when he is aware that his conduct is practically certain to cause the result
Omission - Correct answer-a failure to perform an act as to which a duty of
performance is imposed by law
Recklessly - Correct answer-when he consciously disregards a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
Voluntary Act - Correct answer-an act performed consciously as a result of effort or
determination, and includes the possession of property if the actor was aware of his
physical possession of property if the actor was aware of his physical possession or
control thereof for a sufficient period to have been able to terminate it
Criminal Liability - Correct answer-the performance by a person of conduct which
includes a voluntary act or the omission to perform an act which he is physically
capable of performing
©COPYRIGHT 2025, ALL RIGHTS RESERVE 4
Questions and Answers
What are the two types of arrest? - Correct answer-Custodial
Non-custodial
What property crime can you use deadly force to defend against? - Correct answer-
First Degree Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - Correct answer-16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
©COPYRIGHT 2025, ALL RIGHTS RESERVE 1
,18-1-402. Presumption of Innocence - Correct answer-Every person is presumed
innocent until proved guilty
18-1-403. Legal Assistance and Supporting Services - Correct answer-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
18-1-404 Preliminary hearing or waiver-dispositional hearing - Correct answer-
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 long for a speedy trial? - Correct answer-180 days from the date of entry of a
not guilty plea
18-1-405
©COPYRIGHT 2025, ALL RIGHTS RESERVE 2
,How many jurors on a felony trial? - Correct answer-12
How many jurors on a misdemeanor trial? - Correct answer-6
18-1-407 Affirmative Defense - Correct answer-means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to raise the
issue, shall present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the
defendant must be... - Correct answer-established beyond a reasonable doubt as to
that issue as well as all other elements of the offense
Act - Correct answer-a bodily movement, and includes words and possession of
property
Conduct - Correct answer-an act or omission and its accompanying state of mind
or, where relevant, a series of acts of omissions
Criminal Negligence - Correct answer-through a gross deviation from the standard
of care that a reasonable person would exercise, he fails to perceive a substantial
and unjustifiable risk that a result will occur or that a circumstance exists
Culpable Mental State - Correct answer-Intentionally
Knowingly
Recklessly
©COPYRIGHT 2025, ALL RIGHTS RESERVE 3
, Criminal negligence
Intentionally - Correct answer-when his conscious objective is to cause the specific
result proscribed by the statute defining the offense
Knowingly - Correct answer-when he is aware that his conduct is of such nature or
that such circumstance exists
when he is aware that his conduct is practically certain to cause the result
Omission - Correct answer-a failure to perform an act as to which a duty of
performance is imposed by law
Recklessly - Correct answer-when he consciously disregards a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
Voluntary Act - Correct answer-an act performed consciously as a result of effort or
determination, and includes the possession of property if the actor was aware of his
physical possession of property if the actor was aware of his physical possession or
control thereof for a sufficient period to have been able to terminate it
Criminal Liability - Correct answer-the performance by a person of conduct which
includes a voluntary act or the omission to perform an act which he is physically
capable of performing
©COPYRIGHT 2025, ALL RIGHTS RESERVE 4
