Colorado

Criminal Procedure

Criminal Procedure

Rule 9 – Warrant or Summons Upon Indictment or Information

(a)Issuance.

(1)Request by Prosecution. Upon the return of an indictment by a grand jury, or the filing of an information, the prosecuting attorney shall request that the court issue either a warrant for the arrest of the defendant or a summons to be served on the defendant.
(2)Affidavits or Sworn Testimony. If a warrant is requested upon an information, the information must contain or be accompanied by a sworn written statement of facts establishing probable cause to believe that a criminal offense has been committed and that the offense was committed by the person for whom the warrant is sought. In lieu of such sworn statement, the information may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath or affirmation by the witness giving the testimony.
(3)Summons in Lieu of Warrant. Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and unclassified felonies punishable by a maximum penalty of more than 10 years, whenever an indictment is returned or an information has been filed prior to the arrest of the person named as defendant therein, the court shall have power to issue a summons commanding the appearance of the defendant in lieu of a warrant for his arrest, unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim’s or public’s safety may be compromised. If empowered to issue a summons under this subsection (a)(3), the court shall issue a summons instead of an arrest warrant when the prosecuting attorney so recommends.
(4)Standards Relating to Issuance of Summons. Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and unclassified felonies punishable by a maximum penalty of more than 10 years, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:

(I) The defendant’s residence;
(II) The defendant’s employment;
(III) The defendant’s family relationships;
(IV) The defendant’s past history of response to legal process; and
(V) The defendant’s past criminal record.
(5)Failure to Appear. If any person properly summoned pursuant to this Rule fails to appear as commanded by the summons, the court shall forthwith issue a warrant for the arrest of that person.
(6)Corporations. When a corporation is charged with the commission of an offense, the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before the court at a certain time and place.
(b)Form.

(1)Warrant. The form of the warrant shall be as provided in Rule 4(b)(1), except that it shall be signed by the clerk, it shall identify the nature of the offense charged in the indictment or information, and it shall command that the defendant be arrested and brought before the court unless he shall be admitted to bail as otherwise provided in these Rules.
(2)Summons. The summons shall be in the same form as provided in Rule 4(b)(2).
(c)Execution or Service and Return.

(1)Execution or Service. The warrant shall be executed or the summons served as provided in Rule 4(c). The officer executing the warrant shall bring the arrested person before the court without unnecessary delay, or for the purposes of admission to bail, before the clerk of the court, the sheriff of the county where the arrest occurs, or any other officer authorized to admit to bail.
(2)Return. The peace officer executing a warrant shall make a return thereof to the court. At the request of the prosecuting attorney, any unexecuted warrant shall be returned and cancelled. At least one day prior to the return day, the person to whom a summons was delivered for service shall make return thereof. At the request of the prosecuting attorney made at any time while the indictment or information is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved, or a duplicate thereof may be delivered by the clerk to any peace officer or other authorized person for execution or service.

Colo. R. Crim. P. 9

Amended and Adopted by the Court, En Banc, September 11, 2017, effective immediately.