In Colorado, you can file a speedy trial motion asking the court to dismiss your criminal case for failing to give you a trial within six months of your not guilty plea. Unless a legal exception justifies your trial’s delay, the court should dismiss your charges no matter how strong the state’s evidence against you may be.1
What is the right to a speedy trial?
Your fundamental right to a speedy trial is protected by both the United States Constitution and the Colorado Constitution.2 In Colorado, the “six month” speedy trial provision is codified in:
- Rule 48 of the Colorado Rules of Criminal Procedure; and
- Colorado Revised Statute 18-1-405.3
However, your right to a speedy trial is not absolute, as discussed below.
What are the exceptions to Colorado’s speedy trial rule?
Colorado courts may extend your criminal trial past the six-month deadline if either:
- you consent to or ask for the delay (“waiver”);
- you cause the delay (such as by failing to appear);
- the court schedules the trial after the speedy trial deadline, and you never object (you “sat on your rights”);
- material evidence or a witness is unavailable within the six-month time frame despite the prosecution’s due diligence to obtain it;
- the court’s calendar cannot be accommodated without the delay; or
- other exceptional circumstances.
In cases where you are granted a new trial following an appeal, the new trial must occur within six months of the trial court receiving the appellate court order.4
What is a speedy trial motion in Colorado?
A speedy trial motion is your written request to the court to dismiss the charges against you because your right to a speedy trial has been violated. To win a speedy trial motion in Colorado, you must demonstrate that:
- the delay in bringing your case to trial was unreasonable;
- you were prejudiced as a result of the delay; and
- you asserted your right to a speedy trial in a timely manner.5
If the court finds that your right to a speedy trial has been violated, it may dismiss the criminal charges against you.
What if I lose my speedy trial motion?
If your judge rejects your speedy trial motion, you can potentially appeal it to the Colorado Court of Appeals.
Plus, you are still free to ask the judge to make other pretrial rulings that could be favorable to you, such as suppressing certain evidence.
Why are speedy trials important?
Scheduling trials within a reasonable period of time after your “not guilty” plea is central to the criminal justice system. Speedy trial rights serve to:
- protect you from prolonged pretrial detention;
- minimize the chance of your evidence disappearing or witnesses dying before they can testify in your favor; and
- prevent the state from using delay as a tactic to gain an unfair advantage over you.6
Is there a speedy trial right in Colorado juvenile cases?
Yes, juvenile courts largely follow criminal court rules regarding speedy trial deadlines. There is a six-month deadline, though the judge can postpone juvenile trials upon making a finding of good cause.7
Speedy trial rights are protected both constitutionally and statutorily.
Legal References
- CRS 18-1-405 – Speedy Trial.
(1) Except as otherwise provided in this section, if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months from the date of the entry of a plea of not guilty, he shall be discharged from custody if he has not been admitted to bail, and, whether in custody or on bail, the pending charges shall be dismissed, and the defendant shall not again be indicted, informed against, or committed for the same offense, or for another offense based upon the same act or series of acts arising out of the same criminal episode.
(2) If trial results in conviction which is reversed on appeal, any new trial must be commenced within six months after the date of the receipt by the trial court of the mandate from the appellate court.
(3) If a trial date has been fixed by the court, and thereafter the defendant requests and is granted a continuance for trial, the period within which the trial shall be had is extended for an additional six-month period from the date upon which the continuance was granted.
(3.5) If a trial date has been fixed by the court and the defendant fails to make an appearance in person on the trial date, the period within which the trial shall be had is extended for an additional six-month period from the date of the defendant’s next appearance.
(4) If a trial date has been fixed by the court, and thereafter the prosecuting attorney requests and is granted a continuance, the time is not thereby extended within which the trial shall be had, as is provided in subsection (1) of this section, unless the defendant in person or by his counsel in open court of record expressly agrees to the continuance or unless the defendant without making an appearance before the court in person or by his counsel files a dated written waiver of his rights to a speedy trial pursuant to this section and files an agreement to the continuance signed by the defendant. The time for trial, in the event of such agreement, is then extended by the number of days intervening between the granting of such continuance and the date to which trial is continued.
(5) To be entitled to a dismissal under subsection (1) of this section, 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.
(5.1) 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.
(6) In computing the time within which a defendant is brought to trial as provided in subsection (1) of this section, the following periods of time are excluded:(a) Any period during which the defendant is incompetent to stand trial, or is unable to appear by reason of illness or physical disability, or is under observation or examination at any time after the issue of the defendant’s mental condition, insanity, incompetency, or impaired mental condition is raised;
(b) The period of delay caused by an interlocutory appeal whether commenced by the defendant or by the prosecution;
(c) A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance;
(d) The period of delay resulting from the voluntary absence or unavailability of the defendant; however, a defendant shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained, or he resists being returned to the state for trial;
(e) The period of delay caused by any mistrial, not to exceed three months for each mistrial;
(f) The period of any delay caused at the instance of the defendant;
(g) The period of delay not exceeding six months resulting from a continuance granted at the request of the prosecuting attorney, without the consent of the defendant, if:
(I) The continuance is granted because of the unavailability of evidence material to the state’s case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that this evidence will be available at the later date; or
(II) The continuance is granted to allow the prosecuting attorney additional time in felony cases to prepare the state’s case and additional time is justified because of exceptional circumstances of the case and the court enters specific findings with respect to the justification;
(h) The period of delay between the new date set for trial following the expiration of the time periods excluded by paragraphs (a), (b), (c), (d), and (f) of this subsection (6), not to exceed three months;
(i) The period of delay between the filing of a motion pursuant to section 18-1-202(11) and any decision by the court regarding such motion, and if such decision by the court transfers the case to another county, the period of delay until the first appearance of all the parties in a court of appropriate jurisdiction in the county to which the case has been transferred, and in such event subsection (7) of this section applies; and
(j)(I) Upon a motion by the court sua sponte, a period of delay for any continuance due to the backlog of jury trials directly resulting from a restriction, procedure, or protocol implemented during the 2020 and 2021 health emergency related to the COVID-19 pandemic, not to exceed six months if the defendant is not in custody for the case pending a jury trial or not to exceed three months if the defendant is in custody for the case pending a jury trial. The backlog of jury trials resulting from the COVID-19 pandemic does not include any consistent and ongoing jury trial backlog that existed prior to March 1, 2020. The court may grant only one continuance pursuant to this subsection (6)(j) if it makes the following specific findings on the record after the prosecution and defendant have had the opportunity to be heard:
(A) The case is a part of a court backlog of jury trials directly resulting from a restriction, procedure, or protocol implemented during the 2020 and 2021 health emergency related to the COVID-19 pandemic, and the court has determined, based on available evidence, that a continuance is not attributable to any consistent and ongoing jury trial backlog that existed prior to March 1, 2020;
(B) No court in the county with jurisdiction to try the case is available, and the court has exhausted all reasonable means to bring the case to trial;
(C) The court has not previously granted a continuance pursuant to this subsection (6)(j); and
(D) Granting the continuance serves the interest of justice. When determining whether the continuance serves the interest of justice, the court shall make specific findings regarding the impact of a continuance on the prosecution and the defendant.
(II) In considering whether to grant a continuance pursuant to this subsection (6)(j), the court shall prioritize cases to proceed to trial that:
(A) Were declared a mistrial pursuant to rule 24 (c)(4) of the Colorado rules of criminal procedure;
(B) The defendant is in custody in the case and does not waive speedy trial; or
(C) Include a charge of a crime listed in section 24-4.1-302(1) to ensure a victim’s right to a swift and fair resolution of the case pursuant to section 24-4.1-302.5(1)(o).
(III) Prior to granting a continuance pursuant to this subsection (6)(j), the court shall inform the prosecuting attorney, and the prosecuting attorney shall notify and receive input from the victim, as defined in section 24-4.1-302(5), to give to the court before the court makes a final determination concerning a continuance. A victim has the right to be heard at a court proceeding concerning a continuance pursuant to this subsection (6)(j).
(IV) If a court grants a continuance pursuant to this subsection (6)(j) and the defendant is in custody for the case pending a jury trial because the defendant is unable to satisfy the monetary conditions of bond for release despite being eligible for release, the court shall reconsider the monetary conditions of bond for release pursuant to section 16-4-107.5.
(V) A court shall not grant a continuance pursuant to this subsection (6)(j) on or after 5:01 p.m. on April 29, 2022.
(VI) This subsection (6)(j) is repealed, effective July 1, 2023.(7) If a trial date has been fixed by the court and the case is subsequently transferred to a court in another county, the period within which trial must be had is extended for an additional three months from the date of the first appearance of all of the parties in a court of appropriate jurisdiction in the county to which the case has been transferred.
(8)(a) The judicial department shall collect the following data for each continuance granted pursuant to subsection (6)(j) of this section:
(I) The judicial district where the continuance was granted; and
(II) The highest class offense charged in the defendant’s case that was continued.
(b) The judicial department shall report on the data collected pursuant to subsection (8)(a) of this section at the joint hearings conducted in 2022 and 2023 pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, part 2 of article 7 of title 2.
(c) On or before January 31, 2022, the judicial department shall publish the data collected pursuant to subsection (8)(a) of this section for the period on and before December 31, 2021. On or before May 31, 2022, the judicial department shall publish the data collected pursuant to subsection (8)(a) of this section for the period on and before April 29, 2022.
(d) This subsection (8) is repealed, effective July 1, 2023. - U.S. Constitution Sixth Amendment (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”). Colorado Constitution, Article II, Section 16 (“Criminal prosecutions – rights of defendant. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.“). See also People v. Harris (Colo. App., 1995) 914 P.2d 425 (“The constitutional right to a speedy trial, derived from the Sixth Amendment and from Colo. Const. art. II, § 16, is distinct from the statutory speedy trial right and the determination as to one does not necessarily dispose of the other. “).
- See note 1. Colo. R. Crim. P. 48 – Dismissal:
(a) By the State. No criminal case pending in any court shall be dismissed or a nolle prosequi therein entered by any prosecuting attorney or his deputy, unless upon a motion in open court, and with the court’s consent and approval. Such a motion shall be supported or accompanied by a written statement concisely stating the reasons for the action. The statement shall be filed with the record of the particular case and be open to public inspection. Such a dismissal may not be filed during the trial without the defendant’s consent.
(b) By the Court.(1) If, after the filing of a complaint, there is unnecessary delay in finding an indictment or filing an information against a defendant who has been held to answer in a district court, the court may dismiss the prosecution. Except as otherwise provided in this Rule, if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months from the entry of a plea of not guilty, he shall be discharged from custody if he has not been admitted to bail, the pending charges shall be dismissed, whether he is in custody or on bail, and the defendant shall not again be indicted, informed against, or committed for the same offense, or for another offense based upon the same act or series of acts arising out of the same criminal episode.
(2) If trial results in conviction which is reversed on appeal, any new trial must be commenced within six months after the date of the receipt by the trial court of the mandate from the appellate court.
(3) If a trial date has been fixed by the court, and thereafter the defendant requests and is granted a continuance for trial, the period within which the trial shall be had is extended for an additional six months period from the date upon which the continuance was granted.
(3.5) If a trial date has been fixed by the court and the defendant fails to make an appearance in person on the trial date, the period in which the trial shall be had is extended for an additional six months’ period from the date of the defendant’s next appearance.
(4) If a trial date has been fixed by the court, and thereafter the prosecuting attorney requests and is granted a continuance, the time is not thereby extended within which the trial shall be had, as is provided in subsection (b)(1) of this Rule, unless the defendant in person or by his counsel in open court of record expressly agrees to the continuance. The time for trial, in the event of such agreement, is then extended by the number of days intervening between the granting of such continuance and the date to which trial is continued.
(5) To be entitled to a dismissal under subsection (b)(1) of this Rule, the defendant must move for dismissal prior to the commencement of his trial or the entry of a plea of guilty to the charge or an included offense. Failure so to move is a waiver of the defendant’s rights under this section.
(5.1) 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 beyond the time within which the trial shall be had pursuant to this rule, 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 provision of this rule.
(6) In computing the time within which a defendant shall be brought to trial as provided in subsection (b)(1) of this Rule, the following periods of time shall be excluded:(I) Any period during which the defendant is incompetent to stand trial or is unable to appear by reason of illness or physical disability or is under observation or examination at any time after the issue of insanity, incompetency or impaired mental condition is raised;
(II) The period of delay caused by an interlocutory appeal, an appeal from an order that dismisses one or more counts of a charging document prior to trial, or after issuance of a rule to show cause in an original action brought under Colorado Appellate Rule 21, whether commenced by the defendant or by the prosecution;
(III) A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance;
(IV) The period or delay resulting from the voluntary absence or unavailability of the defendant; however, a defendant shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained, or he resists being returned to the state for trial;
(V) The period of delay caused by any mistrial, not to exceed three months for each mistrial;
(VI) The period of delay caused at the instance of the defendant;
(VII) The period of delay not exceeding six months resulting from a continuance granted at the request of the prosecuting attorney, without the consent of the defendant, if:(A) The continuance is granted because of the unavailability of evidence material to the state’s case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will be available at the later date; or
(B) The continuance is granted to allow the prosecuting attorney additional time in felony cases to prepare the state’s case and additional time is justified because of exceptional circumstances of the case and the court entered specific findings with respect to the justification.(VIII) The period of delay between the new date set for trial following the expiration of the time periods excluded by paragraphs (I), (II), (III), (IV), and (V) of this subsection (6), not to exceed three months.
(IX) The period of delay between the filing of a motion pursuant to section 18-1-202 (11) and any decision by the court regarding such motion, and if such decision by the court transfers the case to another county, the period of delay until the first appearance of all the parties in a court of appropriate jurisdiction in the county to which the case has been transferred, and in such event the provisions of subsection (7) of this section shall apply.(7) If a trial date has been fixed by the court and the case is subsequently transferred to a court in another county, the period within which trial must be had is extended for an additional three months from the date of the first appearance of all of the parties in a court of appropriate jurisdiction in the county to which the case has been transferred.
- See note 1. See also Hills v. Westminster Municipal Court (Colo. 2011) 245 P.3d 947. (“We hold that when a trial court continues a case due to docket congestion but makes a reasonable effort to reschedule within the speedy trial period, and defense counsel’s scheduling conflict does not permit a new date within the speedy trial deadline, the resulting delay will be attributable to the defendant, and the period of delay will be excludable from time calculations for the purposes of the applicable speedy trial provision. Accordingly, it is not necessary in this case to dismiss the charges against the defendant on speedy trial grounds.“). See also Jessica Folker, Colorado Supreme Court: Courts Can’t Avoid Speedy Trial Deadlines through Retroactive Mistrials, Law Week Colorado
- People v. Harris (Colo. 1995) 914 P.2d 425 (“The defendant bears the burden of establishing that there has been a constitutional speedy trial violation, under an ad hoc balancing test consisting of four factors: 1) the length of the delay; 2) the reasons for the delay; 3) the defendant’s assertion of the speedy trial right; and 4) the prejudice to the defendant.”)
- See also Barker v. Wingo (1972) 407 U.S. 514 (“Prejudice, of course, should be assessed in the light of the interests of defendants which the speedy trial right was designed to protect. This Court has identified three such interests: (i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired.”)
- CRS 19-2.5-904 – Speedy trial – procedural schedule.
(1) The juvenile’s right to a speedy trial is governed by section 18-1-405 and rule 48(b) of the Colorado rules of criminal procedure.
(2) In bringing an adjudicatory action against a juvenile pursuant to this article 2.5, the district attorney and the court shall comply with the deadlines for:(a) Holding the detention hearing, as specified in section 19-2.5-305 (3)(a)(I);
(b) Filing the petition, as specified in section 19-2.5-305 (3)(a)(IX);
(c) Setting the first appearance, as specified in section 19-2.5-501 (4); and
(d) Holding the adjudicatory trial, as specified in section 19-2.5-902 (1).(3) The court may grant a continuance with regard to any of the deadlines specified in subsection (2) of this section upon making a finding of good cause.
