©EVERLY 2025 ALL RIGHTS RESERVED
Colorado POST Study Guide Exam
Questions And Answers 100% Pass
What are the two types of arrest? - ANS Custodial
Non-custodial
What property crime can you use deadly force to defend against? - ANS First Degree Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - ANS 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
18-1-402. Presumption of Innocence - ANS Every person is presumed innocent until proved
guilty
, ©EVERLY 2025 ALL RIGHTS RESERVED
18-1-403. Legal Assistance and Supporting Services - ANS 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 - ANS 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? - ANS 180 days from the date of entry of a not guilty plea
18-1-405
How many jurors on a felony trial? - ANS 12
How many jurors on a misdemeanor trial? - ANS 6
18-1-407 Affirmative Defense - ANS 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... - ANS established beyond a reasonable doubt as to that issue as well as all other
elements of the offense
Act - ANS a bodily movement, and includes words and possession of property
, ©EVERLY 2025 ALL RIGHTS RESERVED
Conduct - ANS an act or omission and its accompanying state of mind or, where relevant, a
series of acts of omissions
Criminal Negligence - ANS 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 - ANS Intentionally
Knowingly
Recklessly
Criminal negligence
Intentionally - ANS when his conscious objective is to cause the specific result proscribed by
the statute defining the offense
Knowingly - ANS 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 - ANS a failure to perform an act as to which a duty of performance is imposed by
law
Recklessly - ANS when he consciously disregards a substantial and unjustifiable risk that a
result will occur or that a circumstance exists
Voluntary Act - ANS 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
, ©EVERLY 2025 ALL RIGHTS RESERVED
Criminal Liability - ANS 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
Strict Liability - ANS when conduct alone is all that is required for the commission of a
particular offense
(ex: DUI)
Mental Culpability - ANS when a culpable mental state on the part of the actor is required
with respect to any material element of an offense
(ex: Murder)
18-1-603 Complicity - ANS a person is legally accountable as principal for the behavior of
another constituting a criminal offense if, with the intent to promote or facilitate the
commission of the offense, he or she aids, abets, advises, or encourages the other person in
planning or committing the offense
*basically if they helped out in the crime
18-1-702 Choice of Evils - ANS Conduct which would otherwise constitute an offense is
justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent
public or private injury which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
Colorado POST Study Guide Exam
Questions And Answers 100% Pass
What are the two types of arrest? - ANS Custodial
Non-custodial
What property crime can you use deadly force to defend against? - ANS First Degree Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - ANS 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
18-1-402. Presumption of Innocence - ANS Every person is presumed innocent until proved
guilty
, ©EVERLY 2025 ALL RIGHTS RESERVED
18-1-403. Legal Assistance and Supporting Services - ANS 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 - ANS 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? - ANS 180 days from the date of entry of a not guilty plea
18-1-405
How many jurors on a felony trial? - ANS 12
How many jurors on a misdemeanor trial? - ANS 6
18-1-407 Affirmative Defense - ANS 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... - ANS established beyond a reasonable doubt as to that issue as well as all other
elements of the offense
Act - ANS a bodily movement, and includes words and possession of property
, ©EVERLY 2025 ALL RIGHTS RESERVED
Conduct - ANS an act or omission and its accompanying state of mind or, where relevant, a
series of acts of omissions
Criminal Negligence - ANS 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 - ANS Intentionally
Knowingly
Recklessly
Criminal negligence
Intentionally - ANS when his conscious objective is to cause the specific result proscribed by
the statute defining the offense
Knowingly - ANS 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 - ANS a failure to perform an act as to which a duty of performance is imposed by
law
Recklessly - ANS when he consciously disregards a substantial and unjustifiable risk that a
result will occur or that a circumstance exists
Voluntary Act - ANS 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
, ©EVERLY 2025 ALL RIGHTS RESERVED
Criminal Liability - ANS 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
Strict Liability - ANS when conduct alone is all that is required for the commission of a
particular offense
(ex: DUI)
Mental Culpability - ANS when a culpable mental state on the part of the actor is required
with respect to any material element of an offense
(ex: Murder)
18-1-603 Complicity - ANS a person is legally accountable as principal for the behavior of
another constituting a criminal offense if, with the intent to promote or facilitate the
commission of the offense, he or she aids, abets, advises, or encourages the other person in
planning or committing the offense
*basically if they helped out in the crime
18-1-702 Choice of Evils - ANS Conduct which would otherwise constitute an offense is
justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent
public or private injury which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
