La Plata County Court Process

La Plata County DUI Court Process

Being arrested for a DUI in La Plata County, Colorado can be a frightening experience. Understanding the court process is crucial to navigating this difficult situation. This guide, brought to you by DUI.Guide, provides a comprehensive overview of what to expect in La Plata County court, from your initial arraignment to potential trial and sentencing. We aim to provide you with the practical information you need to understand your rights and make informed decisions about your defense.

Which Court Handles DUI Cases?

In La Plata County, DUI (Driving Under the Influence) cases are typically handled by the La Plata County Combined Courts. These courts handle a variety of criminal and civil matters, including misdemeanor DUI offenses.

• Court Location(s): The La Plata County Combined Courts are located at [Insert Address Here - Research and Update].

• Court Hours: Court hours are generally Monday through Friday, [Insert Hours Here - Research and Update], excluding holidays. It's always best to confirm specific hours with the court clerk.

• Finding Your Court Date: Your court date will be listed on the paperwork you received when you were arrested. If you've misplaced it or need to confirm, you can contact the La Plata County Combined Courts Clerk's Office at [Insert Phone Number Here - Research and Update] or visit their website at [Insert Website Here - Research and Update]. You can also search online court records, though availability may vary.

The Court Process Timeline

The DUI court process in La Plata County generally follows a specific timeline. Here's a breakdown of the key stages:

1. Arraignment (First Appearance)

• When it Happens: Your arraignment is usually scheduled within a few weeks of your arrest. The exact date will be on your release paperwork or summons.

• What to Expect: At the arraignment, the judge will formally advise you of the charges against you and your rights. You'll be asked to enter a plea of guilty, not guilty, or no contest.

• Entering a Plea:

• Guilty: This means you admit to the charges. The judge will then set a date for sentencing.

• Not Guilty: This means you deny the charges and want to proceed with your defense. The case will then move towards pre-trial hearings.

• No Contest: This means you don't admit guilt but also don't contest the charges. The judge will treat this plea similarly to a guilty plea for sentencing purposes.

• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify. It's crucial to be honest and upfront about your finances.

2. Pre-Trial Hearings

• Discovery Process: This is where your attorney (whether privately retained or court-appointed) will receive evidence from the prosecution, including police reports, blood alcohol content (BAC) test results, and witness statements. Your attorney will review this evidence to build your defense.

• Plea Negotiations: Often, your attorney will engage in plea negotiations with the prosecutor. The goal is to reach an agreement where you plead guilty to a lesser charge or receive a reduced sentence.

• Typical Plea Deals in La Plata County: While every case is unique, common plea deals in DUI cases might involve pleading guilty to a lesser charge like reckless driving (often called "wet reckless") in exchange for a reduced sentence, fines, and license suspension period. The availability of such deals depends on the specifics of your case, including your BAC level, any prior offenses, and the circumstances of the arrest.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury, where a panel of your peers decides your guilt or innocence. Alternatively, you can opt for a bench trial, where the judge makes the decision. Your attorney can advise you on which option is best for your situation.

• What Prosecution Must Prove: The prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. This typically involves presenting evidence of your BAC level, field sobriety test results, and observations of the arresting officer.

• Common Defenses: Common defenses in DUI cases include challenging the accuracy of the BAC test, arguing that the field sobriety tests were improperly administered, and questioning the legality of the traffic stop.

• Typical Trial Length: A DUI trial in La Plata County can typically last from one to three days, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in La Plata County, CO

Colorado DUI penalties are serious and can have long-lasting consequences.

First Offense

• Jail Time: [0-1 year] (Though often suspended with probation)
• Fines: [$600-$1,000] plus court costs and surcharges
• License Suspension: [Up to 9 months]
• Other Requirements: Alcohol and drug education classes, community service (up to 120 hours), possible Ignition Interlock Device (IID) requirement upon license reinstatement.

Second Offense

• Jail Time: [10 days to 1 year]
• Fines: [$600-$1,500] plus court costs and surcharges
• License Suspension: [1 year]
• Other Requirements: Mandatory alcohol and drug treatment, community service, and mandatory Ignition Interlock Device (IID) for at least two years upon license reinstatement.

Third Offense

A third DUI in Colorado is often charged as a felony.

• Prison Time: [2-6 years]
• Fines: [$2,000 - $500,000]
• License Revocation: [3 years]
• Other Requirements: Extensive alcohol and drug treatment, long-term Ignition Interlock Device (IID) requirement.

Court Programs in La Plata County

• Diversion Programs: [Research and Update: Check if La Plata County offers a DUI diversion program. If so, describe the requirements and benefits.] Diversion programs, if available, offer an alternative to traditional prosecution. Successful completion of the program can lead to the charges being dismissed.

• Drug Court: [Research and Update: Check if La Plata County has a Drug Court.] Drug court is a specialized court program for individuals with substance abuse issues. It involves intensive supervision, treatment, and regular court appearances.

• DUI Court: [Research and Update: Check if La Plata County has a DUI Court.] Similar to drug court, DUI court focuses specifically on individuals with DUI offenses and provides specialized treatment and supervision.

• Community Service Opportunities: [Research and Update: List potential community service opportunities in La Plata County for DUI offenders.] Common community service options include working with local charities, cleaning up public spaces, or assisting with community events.

What to Bring to Court

• Photo ID: Driver's license, passport, or other government-issued photo ID.
• Court Summons: The paperwork you received notifying you of your court date.
• Any Documentation: Any relevant documents related to your case, such as proof of insurance, vehicle registration, or character letters.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing like jeans, t-shirts, or hats.

Local Court Procedures

[Research and Update: Include any specific procedures or programs unique to the La Plata County Combined Courts regarding DUI cases. This could include specific rules about courtroom conduct, filing procedures, or required documentation.]

For example: "In La Plata County, it is common for the court to require a substance abuse evaluation prior to sentencing in DUI cases. This evaluation helps the judge determine the appropriate level of treatment and supervision."

This guide provides a general overview of the DUI court process in La Plata County. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with a qualified attorney to discuss your specific case and protect your rights. DUI.Guide is here to provide information and resources, but we strongly encourage you to seek professional legal counsel.