(1) Unless otherwise provided by law, a criminal action for violation of any statute may be commenced in one of the following ways:
(a) By the return of an indictment by a grand jury;
(b) By the filing of an information in the district court;
(c) By the filing of a felony complaint in the county court;
(d) Prosecution of a misdemeanor, petty offense, or civil infraction may be commenced in the county court by:
(I) The issuance of a summons and complaint;
(II) The issuance of a summons following the filing of a complaint;
(III) The filing of a complaint following an arrest; or
(IV) The filing of a summons and complaint following arrest, or, in the event that the offense is a civil infraction, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.
(2) The procedures governing felony complaints filed in the county court and warrants or summonses issued in connection therewith shall be in accordance with and as required by the applicable provisions of the rules of criminal procedure promulgated by the supreme court of Colorado.
(3) Where the offense charged is a misdemeanor or petty offense, the action may be commenced in the county court as provided in subsection (1)(d) of this section, and the issues shall then be tried in the county court. As to misdemeanors or petty offenses thus filed and tried in the county court, the simplified procedures enumerated in part 1 of article 2 of this title shall be applicable.
Source: L. 72: R&RE, p. 213, § 1. C.R.S. 1963: § 39-5-101. L. 2021: IP(1)(d) and
(1)(d)(IV) amended, (SB 21-271), ch. 462, p. 3162, § 170, effective March 1, 2022.
Notes of Decisions
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
· cites it 6× “The legislature enacted section 16-5-101 to provide for alternative methods of initiating a criminal proceeding.”
v. People, 2020 CO 54 (Colo. 2020).
· cites it 2× “§ 16-5-101(1), C.R.S. (2019). An information is constitutionally adequate when “it advises the defendant of the charges he is facing so that he can adequately defend himself and be protected from further prosecution for the same offense.”
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
· cites it 7× “The General Assembly enacted section 16-5-101, C.R.S. 2009, to provide alternative methods of initiating a criminal proceeding.”
People v. Huynh, 98 P.3d 907 (Colo. Ct. App. 2004).
· cites it 5× “Section 16-5-101(1), C.R.S.2003; Crim. P.”
People v. Noline, 917 P.2d 1256 (Colo. 1996).
· cites it 8× “§ 16-5-101(1)(a)-(c), 8A C.R.S. (1986). Although historically the first means of prosecuting felonies, the grand jury system is seldom utilized in Colorado.”
People v. Madden, 111 P.3d 452 (Colo. 2005).
· cites it 2× “§ 16-5-101, C.R.S. (2004). Madden was notified of the charges against him by information.”
People v. Abbott, 638 P.2d 781 (Colo. 1981).
· cites it 3× “See section 16-5-101, C.R.S.1973 (1978 Repl. Vol.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
· cites it 3× “Section 16-5-101(1), C.R.S.1973 (1978 Repl.”
People v. Williams, 987 P.2d 232 (Colo. 1999).
· cites it 7× “4 Having authorized the initiation of felony criminal proceedings in these three ways, the General Assembly was clearly establishing the jurisdictional prerequisites to felony criminal prosecutions.”
People v. Lopez, 587 P.2d 792 (Colo. Ct. App. 1978).
· cites it 2× “§ 16-5-101(1), C.R.S.1973. We do not believe that the General Assembly intended to penalize a defendant who first comes under the jurisdiction of a county court by virtue of a felony complaint and is subsequently transferred to district court by effectively delaying the…”
Higgins v. People, 868 P.2d 371 (Colo. 1994).
· cites it 2× “See § 16-5-101 (l)(a)-(b), 8A C.R.S. (1986). 6 .”
People v. Noline, 894 P.2d 1 (Colo. Ct. App. 1994).
· cites it 3× “Section 16-5-101, C.R.S. (1986 RepLVol. 8A).”
— Colo. Rev. Stat. § 16-5-101(1) — 6 cases
v. People, 2020 CO 54 (Colo. 2020).
“§ 16-5-101(1), C.R.S. (2019). An information is constitutionally adequate when “it advises the defendant of the charges he is facing so that he can adequately defend himself and be protected from further prosecution for the same offense.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“The legislature enacted section 16-5-101 to provide for alternative methods of initiating a criminal proceeding.”
People v. Huynh, 98 P.3d 907 (Colo. Ct. App. 2004).
“Section 16-5-101(1), C.R.S.2003; Crim. P.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
“Section 16-5-101(1), C.R.S.1973 (1978 Repl.”
People v. Lopez, 587 P.2d 792 (Colo. Ct. App. 1978).
“§ 16-5-101(1), C.R.S.1973. We do not believe that the General Assembly intended to penalize a defendant who first comes under the jurisdiction of a county court by virtue of a felony complaint and is subsequently transferred to district court by effectively delaying the…”
— Colo. Rev. Stat. § 16-5-101(1)(a) — 3 cases
People v. Noline, 917 P.2d 1256 (Colo. 1996).
“§ 16-5-101(1)(a)-(c), 8A C.R.S. (1986). Although historically the first means of prosecuting felonies, the grand jury system is seldom utilized in Colorado.”
— Colo. Rev. Stat. § 16-5-101(1)(b) — 1 case
— Colo. Rev. Stat. § 16-5-101(1)(c) — 4 cases
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The General Assembly enacted section 16-5-101, C.R.S. 2009, to provide alternative methods of initiating a criminal proceeding.”
— Colo. Rev. Stat. § 16-5-101(2) — 2 cases
People v. Noline, 917 P.2d 1256 (Colo. 1996).
“§ 16-5-101(1)(a)-(c), 8A C.R.S. (1986). Although historically the first means of prosecuting felonies, the grand jury system is seldom utilized in Colorado.”
People v. Williams, 987 P.2d 232 (Colo. 1999).
“4 Having authorized the initiation of felony criminal proceedings in these three ways, the General Assembly was clearly establishing the jurisdictional prerequisites to felony criminal prosecutions.”
— Colo. Rev. Stat. § 16-5-101(l)(a) — 1 case
People v. Noline, 917 P.2d 1256 (Colo. 1996).
“§ 16-5-101(1)(a)-(c), 8A C.R.S. (1986). Although historically the first means of prosecuting felonies, the grand jury system is seldom utilized in Colorado.”
— Colo. Rev. Stat. § 16-5-101(l)(c) — 1 case
Higgins v. People, 868 P.2d 371 (Colo. 1994).
“See § 16-5-101 (l)(a)-(b), 8A C.R.S. (1986). 6 .”
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