Frequently Asked Questions
When a crime is committed, it is a crime against the State. This is true even if you are a victim of a crime. However, because the prosecutor represents the State, only the District Attorney can decide which cases will go forward and which cases might be dropped. The victim has no control over the charges filed against a person for violating the laws of the State.
The Office of the District Attorney serves the People by being their advocate in Criminal Cases. The District Attorney and his deputies are restricted in what they do. They are not allowed to represent any individual in a civil law suit nor can they give advice to people on legal issues that are not part of a criminal case. If you need help finding a lawyer, you may find assistance by visiting the Pueblo Bar Association website, http://pueblobar.org. Colorado Legal Services provides free legal services in civil matters to those who qualify as low income. To see if you qualify, you may visit their website, www.coloradolegalservices.org. Legal Services is located at 1000 West 6th Street, Suite 1; or call 719-545-6708.
Get the Bad Check form from the District Attorney's office. After you have filled it out and sent it in, the investigators will complete the steps necessary to either give the person a chance to pay you and accept a special program on financial responsibility or have charges filed. It is important that you read the materials on bad checks, even on this web site. If you have not followed the necessary steps in accepting a check the District Attorney may not be able to help you or file charges. You may have only a civil action for the money owed.
The Public Defender represents people who cannot afford an attorney. They only do so when appointed by the Court. You may contact their office by calling: 719-546-0004.
The Judicial Building is where the State Courts are located and may be reached by calling: 719-404-8700.
Municipal Court also handles a number of cases filed by Pueblo Police Officers, the Health Department or the Inspectors for the City. That number is: 719-545-2634 and their Traffic Division for City Traffic Offenses is: 719-545-9690.
- If a crime has been committed in the City of Pueblo, call the Pueblo Police Department at 719-549-1200.
- If a crime has been committed in the County of Pueblo, call the Pueblo County Sheriff's Office at 719-583-6125.
- If a crime has been committed on the highways of the State of Colorado, call the Colorado State Patrol at 719-544-2424.
IF YOU HAVE AN EMERGENCY - CALL 911
- If you are the victim in a case, you may call the Victim Advocate assigned to your case at the District Attorney's Office at 719-583-6030.
- If you are an interested party to the case, you may write a letter to the District Attorney's Office, include the name of the Defendant, the Court case number or the Agency case number, and any information you may know that will help identify the case (i.e. date of birth of the Defendant, victim's name, offense date). Be sure to include the reason you are seeking the information. You can send or drop off your request at:
Tenth Judicial District Attorney's Office
c/o Criminal Justice Records
701 Court Street
Pueblo, Colorado 81003
There are several types of restraining orders. If a Criminal Case has been filed there is automatically a restraining order against the Defendant harassing, threatening or in any way assaulting a victim or witness in the case.
If no Criminal Case has been filed it is necessary to file a request for a restraining order with the Court. The easiest way is to hire an attorney to do it for you. You can go to the Judicial Building, 501 N. Elizabeth Street; the Clerks will give you an instruction sheet on how to obtain a restraining order.
For additional information please contact ACOVA at 719-583-6250.
If you receive a subpoena in the mail, detach and sign the postcard portion and send back to the District Attorney's Office. Keep the part that tells you the date and time for you to appear in Court. Once you receive a subpoena, you MUST appear in court at the date and time given. A warrant will be issued if you do not appear in court. Please remember to call the number listed on the subpoena the day before to make sure the case is still scheduled or visit the "CALL OFF NOTIFICATION" section on this website to see if your case is listed.
If you have questions regarding the reason why you are needed in court, specifics about the case or you have a conflict with the date, please contact the Victim Assistant at 719-583-6030. Please have the case number and appearance date available.
You must appear in Court if you would like to speak to the Deputy District Attorney. If you have an issue with your appearance date, you may contact the Court and ask to continue the date to another day.
It is best to turn yourself in at the Sheriff's Office to avoid a more embarrassing and possibly dangerous arrest on the street or elsewhere. You may want to call a private lawyer or the Public Defender. Tell them you know there is a warrant for your arrest and get their advice.
Adult records – Records that are sealed are physically sealed and not available for inspection and will not be shown on a background check. If you have a conviction, your criminal records may not be sealed. However, if charges against you were dismissed, or you were acquitted at trial, or if you were not charged with any offense arising out of a law enforcement investigation, you may file a petition in District Court asking the Court to seal all records pertaining to the case and any arrest or investigation related to it. The Court will hold a hearing to determine if the harm to your privacy and “dangers of unwarranted adverse consequences” outweigh the public interest in retaining the records. Sealing of records is not available for Class 1 or Class 2 traffic offenses or Class A or Class B traffic infractions. Also, a record may not be sealed if it pertains to an offense not charged due to a plea agreement in a separate case, or if a dismissal occurred as part of a plea agreement in another case.
You may obtain a form to file a petition to seal arrest and criminal records at the Office of the Clerk of the District Court, 501 N Elizabeth Street, Pueblo, CO 81003. A filing fee is required. Further details pertaining to sealing records may be found in the Criminal Justice Records Act in Colorado Revised Statutes 24-72-301 through 309.
Juvenile Records - “Expungement” is designating juvenile delinquency records whereby such records are deemed never to have existed. A juvenile is a person under eighteen years of age. Expunged records may only be inspected by judges or the probation department or by Order of the Court, except that basic identification information concerning the record continues to be available to law enforcement and the Department of Human Services, but not to the military services.
If you want to have a record expunged, you must file a petition in the appropriate court. No filing fee is required. You may obtain a petition form from the Clerk of District Court in the Pueblo Judicial Building. The Court will set a date for hearing. Whether you are eligible to have your record expunged depends on a number of factors, including: the type of crime you committed, the disposition in court, the length of time since completion of your case, and whether you have been charged with subsequent crimes. Details regarding expungement may be found in the Colorado Revised Statutes in Section 19-1-306.
Generally, a person is able to get a copy of a written investigative report concerning a criminal incident. The procedure for obtaining a copy of the report depends on whether you are a defendant or a victim, and whether the investigation results in criminal charges being filed in court. If the investigation is complete and no charges are going to be filed in court, you may request a copy of the report from the investigative agency (Police Department, Sheriff’s Office, State Patrol, etc.). However, copies of investigative reports will not normally be provided while the investigation is on-going. To provide reports during this time could compromise the investigation.
If the District Attorney has filed charges in court, copies of the report will be provided to the defendant or his attorney upon written request to the District Attorney. Providing these copies is referred to as “discovery” and it is part of the normal course of prosecution. A victim, or the victim’s attorney, who would like to obtain a copy of a report after charges are filed in court, may also make a written request to the District Attorney. Normally, a copy of the report can be provided unless there is a special circumstance that might jeopardize the prosecution. A fee to cover the cost of the copies is charged whether you are a defendant or a victim.
If you are a defendant and you missed a court date, what you should do depends on whether or not you are represented by an attorney. If an attorney represents you, you should immediately contact your attorney for advice. If an attorney does not represent you, what you do depends on the timing. If you missed a court appearance earlier in the day, you may want to call the Court’s Clerk, to find out if an arrest warrant has been issued or whether other arrangements can be made to appear before the court. If your missed court appearance was on a previous day, then you should contact the Pueblo Sheriff’s Office to determine if an arrest warrant was issued and, if so, the amount and type of bail (cash, property, surety or personal recognizance). You may be able to arrange with the Sheriff to turn yourself in. Before doing so, you may wish to arrange for bail. For example, you may want to contact a bail bondsman to arrange for a surety bond, or you may want to obtain sufficient cash for a surety bond. Upon your arrest (or turning yourself in), a new court date will be set.