Frequently Asked Questions
What is the Colorado Point System?
The point system is based on the age of the driver and type of license. If you are in one of the following age categories and accumulate points as shown, the Colorado Motor Vehicle Division may suspend your driving privilege for as long as one year.
MINOR DRIVER: 16-18 years of age
More than 5 points in 12 months
More than 6 points within time period for which license was issued
PROVISIONAL DRIVER: 18-21 years of age
9 points in 12 months
12 points in 24 months
14 points within time period for which license was issued
DRIVER 21 YEARS OF AGE OR OLDER
12 points in 12 months
18 points in 24 months
DRIVER IN COURSE OF EMPLOYMENT
16 points in 12 months
24 points in 24 months
28 points in 48 months
How do I request a jury trial?
If you enter a plea of Not Guilty to the charge against you, your case will be set for trial. There are two kinds of trials; a trial to the court and a jury trial. If you wish to set your case for a jury trial, the case must involve a violation that has a possible penalty of imprisonment (traffic or misdemeanor offense). Violations categorized as traffic or misdemeanor infractions are only eligible for a trial to the court.
To request a jury trial, both of the following must be done within 20 days of the Not Guilty plea:
- complete the Jury Demand motion form - available from the Clerk of the Municipal Court, or online under Self Help Forms as Jury Demand Motion
- post a $25.00 jury deposit - unless the fee is waived by the judge because of indigence
The Jury Demand form requests the defendant’s name, and number of jurors requested. The number of juror requested may range from three to six. If both the Jury Demand and fee are not filed within the 20-day time frame, you will only be eligible for a trial to the court.
How do I request a court appointed attorney?
Determination for granting a court appointed attorney depends on two factors. The first is whether or not the prosecuting attorney is seeking jail time. If the prosecuting attorney is not seeking jail time, an attorney will not be appointed. The second determining factor is whether or not the defendant meets the state’s indigency guidelines. If it is determined that a defendant is not indigent, a court appointed attorney will not be granted.
Court appointed attorney applications are available by request from the Clerk of the Municipal Court, online under Self Help Forms as Application for Indigency/Court Appointed Counsel, or during open court.
How do I request restitution?
You are entitled to request criminal restitution for actual and pecuniary damages sustained as a crime victim. This request must be accompanied by supporting documentation. The Restitution Request Form must be received by the City Attorney's Office or the City of Greeley Municipal Court, prior to the defendant's first appearance in the City of Greeley Municipal Court (within 2-3 weeks from date of crime). Contact the City Attorney's Office if you have any questions regarding the filing of a Restitution Request Form.
City Attorney's Office
1100 Tenth Street, Suite 401
Greeley, CO 80631
phone: (970) 350-9757
fax: (970) 350-9763
What are the possible penalties for Traffic Offenses or Infractions (Chapter 11)?
- The following traffic offenses have a fine not to exceed $1,000 and a jail sentence not to exceed one (1) year, or a combination of both:
- Fail to Stop for School Bus, G.M.C. 11.01.1903
- Careless Driving, G.M.C. 11.01.1402
- Reckless Driving, G.M.C. 11.01.1401
- Speed Contest/Exhibition, G.M.C. 11.01.1105
- Eluding or Attempting to Elude a Police Officer, G.M.C. 11.01.1413
- Speeding Forty (40) Miles Or More Over The Posted Speed Limit, G.M.C. 11.01.1101
- All forms of “Hit &Run” including Accident Involving Damage, Duty to Give Notice, Information and Aid, Duty Upon Striking Unattended Vehicle Or Other Property, Duty Upon Striking Highway Fixtures Or Traffic Control Devices and Duty To Report Accidents.
- Violation of the Uninsured Motorist Ordinance subjects you to a minimum fine of $500 for the first offense and a minimum fine of $1,000 for the second and later offenses within five years. The fines and jail sentence may be suspended at the Court’s discretion.
- All other traffic violations are designated as traffic infractions and are subject to a maximum fine of $500 but not a jail sentence. Parking violations are designated as parking infractions and are subject to a maximum fine of $500 but not a jail sentence.
What are the possible penalties in the City of Greeley Municipal Court for all other offenses?
- A violation of a misdemeanor offense as designated in Greeley Municipal Code shall be punished by a fine of up to $1,000 or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.
- A violation of a misdemeanor infraction shall be punished by a fine of up to $500 but not a jail sentence. You may also receive useful public service or a rehabilitative class at the discretion of the Court.
- Violation of Curfew, G.M.C. 10.25.020, has the same penalties as a misdemeanor offense, but without the possibility of imprisonment.
- Tobacco Product Sales to Minors, G.M.C. 10.32.030, shall be punished by a fine of not more than $100.
- Possession of Less Than One (1) Ounce of Marijuana, G.M.C. 10.26.010, or Possession of Drug Paraphernalia, G.M.C. 10.26.040, shall be punished by a fine of not more than $100 and you may be ordered to attend alcohol/drug treatment.
How do I appeal a decision from the City of Greeley Municipal Court?
An appeal is a request for a higher court to review the ruling of a lower court. All appeals from City of Greeley Municipal Court go before the District Court of the 19th Judicial District. The District Court will not conduct a new trial, but will review the recorded preceeding of the trial in City of Greeley Municipal Court. All appeals are in accordance with the Colorado Rules of Criminal Procedure, Rule 37.
19th Judicial District Court
Weld County Court House
901 9th Avenue
P.O. Box 2038
Greeley, CO 80631
phone: (970) 351-7300
Can court staff give legal advice?
Court staff is not permitted by law to give legal advice. For an attorney, contact the Colorado Bar Association, Weld County Bar Association, or an attorney of your choice.
Court staff is not permitted by law to make referrals for posting bonds. For a list of bonding companies available, refer to the Yellow Pages of the telephone directory.
What is the conduct in the courtroom?
No pagers or cellular telephones or similar electronic devices are to be on at any time while court is in session. If your pager or cell phone should go off, you will be asked to turn it off or exit the building.
We discourage bringing children to Court since there are no facilities available in which to monitor them. Shirts, shoes, and appropriate attire are required when appearing in Court. Hats are to be removed prior to entering the courtroom.
All persons are to remain seated and keep quiet while Court is in session. Please do not smoke, chew gum, or drink in the courtroom.
Frequently Used Terms
Advisement: A court hearing at which defendants are notified of their rights, the charges against them and the possible penalties they face.
Affidavit in Support of Warrantless Arrest: When defendants are arrested without a warrant and are to be incarcerated in jail, peace officers submit affidavits containing the facts upon which the arrests were based. A court then reviews these affidavits for defendants who remain in custody to determine whether there was probable cause for their arrest.
Appeal: A written request of an appellate court to review a jury verdict or a judge’s ruling. In criminal cases, defendants may ask an appellate court to review the propriety of their convictions or sentences. In misdemeanor and municipal court cases, a district court serves as the appellate court of first resort for a defendant’s appeal. In felony cases, the Court of Appeals is the appellate court of first resort for a defendant’s appeal. The Supreme Court reviews some cases decided by both the district courts and the Court of Appeals.
Arraignment: A court hearing at which a defendant has his or her first opportunity to enter a plea to the charges. If a plea disposition has been reached, the defendant would plead guilty to an agreed upon charge. If no plea disposition has been reached, a defendant usually pleads not guilty to the charges. In a few cases, defendants plead not guilty by reason of insanity at the time of the arraignment.
Arrest Warrant: A court order that allows police officers to take a defendant into custody.
Bail or Bond: One of the ways in which a defendant can be released from custody or jail and remain at liberty while awaiting trial. There can be various kinds of bonds, including a personal recognizance bond (an unsecured, written promise to appear); a co-signed bond (another person executes a promise that he or she will ensure that the defendant appears when told); a cash bond (secured by money); a surety bond (a bond secured by a bondsman); or a property bond (a bond secured by realty, like a house). Judges determine the amount and type of bond.
Burden of Proof: The prosecution must prove the defendant committed all the essential elements of the crime to the jury’s or court’s satisfaction beyond a reasonable doubt.
Charge: This is the government’s allegation against a defendant, as in, “Mr. Jones has been charged with assault.”
Concurrent Sentence: Upon conviction of multiple crimes, a concurrent sentence means the defendant serves all sentences at the same time.
Consecutive Sentence: Upon conviction of multiple crimes, a consecutive sentence means the defendant serves one sentence before serving the next sentence.
Continuance: A postponement of a trial or hearing to a later date, which can be granted only by the court.
Defendant: A person charged with having committed a crime.
Deferred Judgment and Sentence: When a defendant enters a guilty plea to a criminal charge, but sentencing is postponed for a specified length of time. If the defendant complies with conditions established by the judge, the case is dismissed.
District Court: As far as criminal cases are concerned, the district court is the court that handles proceedings in felony cases, as well as appeals from county court and municipal court cases.
Extradition: The process by which a fugitive who has committed a crime in one state and has fled to another, can be returned to the original state to face charges.
Motions Hearing: A hearing at which the judge decides legal and factual matters brought up by the attorneys prior to trial. Examples of common motions include (1) a motion to suppress evidence from use at trial because the defendant alleges that the search that discovered the evidence was illegal, and (2) a motion to suppress the defendant’s statement from use at trial because the police allegedly did not follow the appropriate procedure before the statement was made.
No Contact: A condition of bond that means a defendant cannot have contact with a victim by phone, letter, through a third party or in person.
Parole: The early release of a person from prison under supervision.
Penalty Assessment: A type of summons and complaint, normally used in civil traffic infractions, that allows a person to mail in a fine and agree that a certain number of points will be assessed against his or her driving privileges without having to go to court.
Plea: A defendant’s formal response to the charges, normally given in open court. The most frequent pleas are “guilty” or “not guilty.” Less common are pleas like “not guilty by reason of insanity.”
Plea Disposition: An agreement between a defendant and the prosecutor to resolve the charges in a case instead of going to trial. One example of a plea disposition is that a defendant agrees to plead guilty to a lesser charge in exchange for the prosecutor’s agreement to dismiss a more serious charge. Another example is a defendant agrees to plead guilty to the charge in one case in exchange for the prosecutor’s agreement to dismiss another case.
Pre-Trial Conference: A meeting between the prosecutor and the defendant or his attorney to discuss a possible resolution of a case without going to trial.
Probation: The release, under conditions of good behavior, of a person convicted of a crime as an alternative to imprisonment with the supervision of the probation department.
Restitution: A judge orders the defendant to pay the victim an amount for fiscal losses or personal injuries caused by the crime as a condition of the defendant’s sentence.
Search Warrant: A court order that authorizes the police to search a described place, such as a home or a business.
Sentence: The punishment given, by a judge, to a defendant upon conviction or plea to a crime. Examples of a sentance are that the defendant be incarcerated in a jail or a prison; a placement of a defendant in a community corrections facility; requiring a defendant to submit to the supervision of the probation department; or the imposition of a fine or a requirement that a defendant perform useful public service.
Sentencing Hearing: The hearing at which the judge imposes a sentence.
Subpoena: A written court order to a person to attend court to be a witness or to bring specified items or documents to court.
Summons: A document served upon a defendant, which orders the defendant to appear in court at a specified date and time in order to face charges. Less serious felony cases are initiated when defendants are served with a copy of information and a summons.
Summons and Complaint: A document served upon a defendant by police officers that combines a municipal ordinance violation with an order requiring the defendant to come to court to answer the charge at a specified date and time.
Testimony: Statements made in court by competent witnesses under oath.
Traffic Infractions: Civil traffic tickets that only carry the possibility of a fine and points against one’s driving privileges.
Trial: An examination of fact and law at which a defendant’s guilt is determined by a jury or judge. It is the prosecution’s burden to establish all of the elements of the crime or crimes charged beyond a reasonable doubt.