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Colorado Defendant’s Right to a Jury Trial

Both the Federal and Colorado Constitutions guarantee the right to a jury trial in criminal cases. Colorado further grants defendants a right by statute to demand a jury trial in all criminal cases.

There is no Colorado or Federal Constitutional right to a jury trial for petty offenses unless the potential punishment is at least 6 months in jail. In Colorado however, a defendant has a statutory right to a jury trial in all petty offenses and most municipal code violation cases. This right is conditioned upon the defendant requesting a jury trial in writing within 21 days of entering a plea or arraignment and paying a twenty-five dollar ($25.00) jury fee. A defendant must request a trial to a jury of six (6) jurors, otherwise only three (3) jurors will determine the case.

In felony matters, the jury shall consist of 12 jurors, unless a smaller number has been agreed to by the parties and approved by the court. An exception exists for Class 1 Felonies. In any felony prosecution, the minimum number of jurors must be at least six (6).

In misdemeanor matters, the jury shall consist of 6 jurors, unless a smaller number has been agreed to by the parties and approved by the court.

A juvenile does not have a constitutional right via the Colorado or Federal Constitution to receive a jury trial in juvenile proceedings. However, in Colorado a juvenile may receive a jury trial if demanded in a case where the juvenile is alleged to be an “aggravated juvenile offender” or has been alleged to have committed a “statutory crime of violence”. The district attorney’s office may also demand a jury trial in cases of aggravated juvenile offenders or statutory crimes of violence.

The juvenile court may also order a jury trial for cases that do not involve a violation of a court order, a misdemeanor, a municipal ordinance, petty offense, or a county ordinance.

Cases that are not heard by a jury are decided by the court.

Contact Attorney Robbins at 303-355-5148 or 970-301-5541 for a free case evaluation regarding any Colorado felony, misdemeanor, juvenile, petty offense, traffic, or municipal code violation case.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy