bill of particulars for protective order

#Bill of particulars for protective order trial

7(g), and – by virtue of the history behind the Bill -the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and Article II, sections 16, 18 and 25 of the Colorado Constitution.

The request for a Colorado Bill of Particulars is made by filing a Motion For A Bill Of Particulars pursuant to Colo. 7(g) protect your constitutional principles by providing a method for the accused to obtain additional information when the charging document (the information and complaint) “lacks sufficiently particularized information about the alleged offenses to enable him to prepare an adequate defense.”īoth Colorado State and Federal constitutional principles that support Rule 7, include the following clauses of the Federal and Colorado Constitutions: Colorado State And Federal Constitutional Principles Support Rule 7Ĭolo. A bill of particulars may be amended at any time subject to such conditions as justice requires. A motion for a bill of particulars may be made only within 14 days after arraignment or at such other time before or after arraignment as may be prescribed by rule or order. The court may direct the filing of a bill of particulars. (IV) That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction. (III) That the offense was committed within the jurisdiction of the court, or is triable therein (II) That the defendant is identified therein, either by name or by the defendant’s patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant (I) That it is presented by the person authorized by law to prosecute the offense The information shall be deemed technically sufficient and correct if it can be understood therefrom:

(1) An information shall be a written statement, signed by the prosecutor and filed in the court having jurisdiction over the offense charged, alleging that a person committed the criminal offense described therein. The Law That Supports The Colorado Bill Of Particulars – Rule 7Ĭolorado Rules of Criminal Procedure – Rule 7.

#Bill of particulars for protective order trial

Experienced Colorado Criminal Defense Attorneys use this rule to file a Motion for a Bill of Particulars to force the District Attorney to define specifically the key underlying facts alleged to have been committed within each offense charged.īriefly, the purpose of the Colorado Bill of Particulars is to demand a description of the facts that the prosecution intends to prove at trial while also placing limits on the proof at trial to those areas described in the Bill.

Support for a Colorado Bill of Particulars is found in the Colorado Rules of Criminal Procedure – specifically Rule 7 (g). It is in this situation that the Defense can use the Motion For A Bill Of Particulars. If there are multiple charges called “counts” – all of the charges maybe indistinguishable from one another. Often that Complaint will be written using the language of the criminal statute and nothing more. When you are charged with felony crimes in Colorado it is most likely the vehicle used in court will be the Information and Complaint. This is the multiple paged document that is handed to you by the Judge or DA at your advisement hearing.Īn Information And Complaint Is Used To Charge You In Colorado Felony Criminal Cases Michael Steinberg Colorado Violent Assault Crimes Criminal Defense LawyerĬolorado Criminal Law – Using The Bill Of Particulars To Fight Your Criminal Case – One of the least understood but most powerful tools in the Colorado criminal justice system is the Motion For A Bill Of Particulars.Īlmost all Colorado criminal cases are charged in a document called an Information and Complaint. Colorado Criminal Law – Using The Bill Of Particulars To Fight Your Criminal Caseīy H.