1. How is probation monitored when the defendant has been placed on a “no further violations,” suspended sentence, or deferred sentence?
Answer: Approximately one month prior to the expiration of the probationary period of “no further violations,” suspended sentences, or a deferred sentence, the defendant’s name is run through the computer system to see if any other convictions have occurred. If they have, all the cases with convictions occurring during the probationary period are pulled and sent to the Prosecuting Attorney. The Prosecuting Attorney decides either to have the defendant respond to Court for a motions hearing, or considers that the new case(s) has not violated the sentence. Should the Prosecuting Attorney decide on a motions hearing, he or she prepares the Motion and forwards it to the court, who, in turn, forwards the Motion to the defendant.
2. Can I see and/or have a copy of my driving history?
Answer: Not from the Municipal Court. Driving histories are given to the Court by the Department of Motor Vehicles (DMV) to be used for judicial purposes only. You may, however, obtain a copy of your record by contacting the DMV at (303) 205-5613, or at your local driver’s license office.
3. What do you charge for copies of documents?
Answer: The State Statutes allows municipalities to charge $.25 per page for copies of legal documents, plus a fee for other related expenses. To comply with the State Statute, Minturn Municipal Court and the Police Records Department charges $.25 per page, plus a $5.00 administrative fee which is meant to cover the cost of paper, supplies, use of the copier and personnel costs for time spent in researching and copying material.
4. Why doesn’t Court start on time?
Answer: Court starts when all pre-trial preparation is completed, which includes discussing the case with witnesses and defendants. Many things affect the beginning of Court, and until all players and required information is received, Court cannot begin.
5. I’m late. Why can’t my case be moved ahead of everyone else?
Answer: On the day of arraignment, all cases are normally handled in the order in which the cases are listed on the docket, which is available and is posted by the Court Clerk.
6. Why is it necessary for me to read and sign the Advisement of Rights form?
Answer: The reason you must read and fill out this form is to ensure the proper information is given to each and every defendant. And to provide correct address and phone information for the Court Clerk.
7. Can I reschedule my court date?
Answer: The court date can be rescheduled only one time by the Court Clerk if the request is made by the defendant in person prior to the scheduled court date. Any further requests for a continuance must be reviewed by the Judge. The following applies if/when a defendant would like a continuance for his/her arraignment/hearing/trial:
A defendant must submit a written request, documenting the reason for the continuance; at least five business days in advance of his/her scheduled court date for an arraignment or hearing.
If an individual is scheduled for a trial, the written request documenting the reason for the continuance must be submitted at least ten business days in advance of his/her scheduled trial date for review by the Town Attorney and the Judge;
All requests for continuances must be made in writing and may be faxed, mailed or brought to the court office; and,
As always, there shall be leeway for flexibility and exceptions to the required time-frames based upon special circumstances. An individual must provide written documentation, where applicable, as to the reason for the continuance request, which can be verified by the court, to support his/her claim for extenuating circumstances for not submitting a written request within the required time frames.
8. Why does my fine include a 25% surcharge?
Answer: Upon sentencing any offender for any violation of the Town Code, the judge shall impose a surcharge, of 25% of the imposed fine upon the offender. The judge shall include such surcharge on any fine schedules in use or that he or she may issue. Surcharge proceeds shall be paid to the Town, and used as follows: 75% used only for education and training of judicial and police personnel; and 25% used only for education and training of firefighter and/or emergency medical personnel. Code 2.20.040 Ordinance 11-1996.
9. Why is the fine due today?
Answer: Fines and costs are due and payable at the time they are imposed by the Court. This information is available on the back of the summons given to you by the officer. Should you be eligible for consideration, a Stay of Execution may be granted upon request.
10. Why was the fine more for me than for someone else with the same violation?
Answer: If the fine is for a minor traffic offense, it is based on a penalty assessment established by the Court. If the offense is a more serious traffic offense, the fine may be based on previous traffic violations and circumstances surrounding the offense. Therefore, if you had a prior ticket in the past several years and another person had the same violation without prior traffic offenses, your fine may be higher. Fines for misdemeanor offenses are base on prior criminal histories, as well as circumstances surrounding the offense; therefore, different fines may be imposed for what appears to be the same violation.
11. How is a plea bargain offer determined?
Answer: The Town of Minturn uses the defendant’s past criminal and/or driving record when determining if the defendant is eligible for a plea bargain. The Court is not bound by any recommendations made by the Prosecuting Attorney and may follow the recommendations made by the Prosecuting Attorney, but is not obligated to do so.
12. If I come to Court to see the Judge regarding an active warrant will I be arrested?
Answer: The purpose of a warrant is to get a person to appear in Court; therefore, the Judge doesn’t arrest someone for appearing. However, there may be a possibility of jail as part of the sentence upon conviction.
13. How long does a traffic violation stay on my driving record?
Answer: For questions concerning your driving record you need to contact the Department of Motor Vehicles (DMV). The Court reports violations to the DMV and they monitor the status of your license. Their number is (303) 205-5613.
14. How can I have my record sealed?
Answer: A file may be ordered sealed by a judge at the request of an attorney or the defendant, and should be accorded confidential processing by the Clerk’s Office. Any person interested in having a record sealed may petition the 5th Judicial District Court, under the following conditions: (1) if the records are a record of official action involving a criminal offence for which the defendant was not charged, or (2) in any case which is completely dismissed, or (3) in any case in which the defendant was acquitted, or (4) certain juvenile records. Generally a person who was convicted of charges or plead guilty may NOT petitioner for sealing of those records. If you have questions about sealing a record you should consult an attorney who can properly advise you of your legal rights.