Colorado Criminal Statute of Limitations & Colorado Speedy Trial - Colorado Springs criminal defense - bar to prosecution including but not limited to evidence, time computations, jurisdictional attack - felony offenses, misdemeanor offenses and petty offenses.

CRS 16-5-401. Limitation for commencing criminal proceedings
        (1) (a) Except as otherwise provided by statute applicable to specific offenses or circumstances, no person shall be prosecuted, tried, or punished for any offense unless the indictment, information, or complaint is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant within the period of time after the commission of the offense as specified below:

        (2) The time limitations imposed by this section shall be tolled if the adult offender or juvenile is absent from the state of Colorado, and the duration of such absence, not to exceed five years, shall be excluded from the computation of the time within which any complaint, information, indictment, or petition in delinquency must otherwise be filed or returned.

        (3) The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if the indictment, information, complaint, or petition in delinquency which commences the prosecution is quashed or the proceedings thereon are set aside or are reversed on appeal.

        (4) When an offense or delinquent act is based on a series of acts performed at different times, the period of limitation prescribed by this code starts at the time when the last act in the series of acts is committed.

..... other provisions omitted as irrelevant

        The burden of proof is upon the prosecution to show

        Evidence of the date of alleged offense is established by the charging document, law enforcement records and dispatch - 911 tapes / transcript.

        Evidence of the date of arrest is established by prosecution and law enforcement records and dispatch -911 tapes / transcript.

        If a prior prosecution was pending, evidence of the pending time is established by court documents.  This would usually be a criminal case dismissed for lack of jurisdiction or other reason before jeopardy attached.  Jeopardy attaches at the time the first witness is called in a trial to the court, or when the jury is sworn in a jury trial.

        Defense counsel must establish are that the defendant was not absent from the state during the relevant period of time.  This can be accomplished through a driving record, driver's license, voter registration and business records establishing presence, such as payroll records, local merchant charge or cash receipts bearing the date and names of the merchant and of the defendant.  National merchants would not be sufficient unless the receipt clearly establishes the location of the store as being in Colorado.  As evidence, I prefer to have at least one business record every two weeks during the relevant period of time.

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TRAFFIC OFFENSES FELONY AND MISDEMEANOR
Felony Offenses (F) 18-9-116.5. Vehicular eluding - reckless (F-5) 18-9-116.5. Vehicular eluding - reckless - bodily injury (F-4) 18-9-116.5. Vehicular eluding - reckless - death (F-4) 18-3-106. Vehicular homicide - alcohol (F-3) 18-3-106. Vehicular homicide - reckless (F-4) 18-3-205. Vehicular assault - alcohol (F-4) 18-3-205. Vehicular assault - reckless (F-5) Misdemeanor Offenses (M) 42-2-136. Unlawful use of license - alteration (M-3) 42-2-138. Driving under restraint 42-4-1301(1)(a) DUI  (M) 42-4-1301(1)(b) DWAI  (M) 42-4-1301(2) DEAC  (M) Class 1 Misdemeanor Traffic Offense 42-4-1402. Careless driving - bodily injury or death 42-4-1409. Compulsory insurance - penalty - repeal 42-4-1601. Hit & run - accidents involving death or personal injuries 42-4-1903. School buses - stops - signs - passing - 2nd offense within 5 years Misdemeanor Traffic Offenses unclassified (MTO) 42-4-203. Unsafe vehicles (MTO) 42-4-313. Emissions control - fraud (MTO) 42-4-413. Visible emissions from diesel-powered motor vehicles unlawful - penalty (MTO)	Class 2 Misdemeanor Traffic Offense 42-2-101 No operator’s license 42-2-115. License, permit, or identification card to be exhibited on demand 42-2-124. Surrender of license to court 42-2-129. Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content 42-2-130. Mandatory surrender of license or permit for drug convictions 42-2-132. Application for new license before expiration of period of suspension or revocation 42-2-136. Unlawful possession or use of license 42-2-137. DMV false affidavit - penalty 42-2-138. Driving under restraint - failure to surrender license 42-3-107. Taxable value of classes of property - license plate fraud 42-4-107. Obedience to police officers directing, controlling or regulating traffic 42-4-228. Restrictions on tire equipment. 42-4-233. Alteration of suspension system 42-4-235. Minimum standards for commercial vehicles 42-4-507. Wheel and axle loads 42-4-508. Gross weight of vehicles and loads 42-4-509. Vehicles weighed - excess removed 42-4-510. Permits for excess size and weight and for manufactured homes 42-4-1101. Speeding 25+ mph over limit 42-4-1105. Speed contests 42-4-1401. Reckless driving - penalty 42-4-1402. Careless driving 42-4-1413. Eluding or attempting to elude a police officer 42-4-1602. Hit & run - accident involving damage 42-4-1604. Hit & run - striking unattended vehicle or other property 42-4-1605. Hit & run - striking highway fixtures or traffic control devices 42-4-1606. Duty to report accidents 42-4-1704. Owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law. 42-4-1716. Notice to appear or pay fine - failure to appear - penalty 42-4-1903. School buses - stops - signs - passing

CRS 18-1-405, C.R.Crim.P. 48(b), Colorado Constitution Article 2, §16, U.S. Constitution, Amendment VI
        6 Months from entry of plea of not guilty
        Continuances or delays requested by or caused by the defendant extend the time of speedy trial
        Continuance - 6 months from the date upon which the continuance was granted
        Non-Appearance - 6 months from the date of next court appearance

        Dismissal motion required.  To be entitled to a dismissal, the defendant must move for dismissal prior to the commencement of his trial and prior to any pretrial motions which are set for hearing immediately before the trial or prior to the entry of a plea of guilty to the charge or an included offense. Failure to so move is a waiver of the defendant's rights under this section.

        Objection required.  If a trial date is offered by the court to a defendant who is represented by counsel and neither the defendant nor his counsel expressly objects to the offered date as being beyond the time within which such trial shall be had pursuant to this section, then the period within which the trial shall be had is extended until such trial date and may be extended further pursuant to any other applicable provisions of this section

        Other periods of time defined by law are excluded from speedy trial.

        A balancing test (4 factors) is used to determine whether right to speedy trial has been denied
                1.) the length of the delay, 2.) the reason for the delay, 3.) the defendant's assertion or demand for a speedy trial, and 4.) the prejudice to the defendant.  People v. Spencer, 182 Colo. 189, 512 P.2d 260 (1973); People v. Chavez, 779 P.2d 375 (Colo. 1989), People v. Fears, 962 P.2d 272 (Colo. App. 1997), Gelfand v. People, 196 Colo. 487, 586 P.2d 1331 (1978).

        This is an unusual defense based upon the fact prosecutors and courts are mindful of speedy trial and set accordingly, but I have had domestic violence cases dismissed upon speedy trial grounds.

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C.Muni.C.P. 248(b)    -    90 days from entry of plea of not guilty
        If there is unnecessary delay in the trial of a defendant, the court may dismiss the case. If the trial of a defendant is delayed more than ninety days after the arraignment of the defendant, or unless the delay is occasioned by the action or request of the defendant, the court shall dismiss the case and the defendant shall not thereafter be tried for the same offense; except that if on the day of a trial set within the last ten days of the above time limit a necessity for a continuance arises which the court in the exercise of sound judicial discretion determines would warrant an additional delay, then one continuance, not exceeding thirty days, may be allowed, after which the dismissal shall be entered as above provided if trial is not held within the additional time allowed.

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