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CHAPTER 7: SELECTED CRIMINAL PROCEDURES - Table of Contents

7.1 - Preliminary Hearings7.2 - Pretrial Conferences7.3 - Pretrial Motions Processs7.4 - Use of Statements7.5 - Use of Seized Evidence7.6 - Eyewitness Identification Procedures7.7 - Interlocutory Appeals7.8 - Sentencing7.9 - Boulder Integrated Treatment Court

7.2 PRETRIAL CONFERENCES

Pretrial conferences are held in almost all misdemeanor and traffic cases, and are meetings between the defendant, or defense counsel, and the prosecutor. The purpose of a pretrial conference is to discuss the case and determine whether an agreement can be reached as to an appropriate way to settle the case. The overwhelming majority of criminal cases - nationally, state-wide and locally - settle through negotiation. Plea negotiation has been approved by the courts and is specifically approved and provided for by various statutes in Colorado.

Boulder County generally sets each misdemeanor and traffic case for a pretrial conference. The pretrial conference is the first proceeding after the advisement/arraignment. The conference is an informal proceeding in that it does not involve the judge.

The division clerk schedules the pretrial. The pretrial is held in the Deputy District Attorney's office or in one of the pretrial conference rooms near the East end of the first floor of the Justice Center. Technically, the defendant is required to appear in person. This can be waived when appropriate.

If a disposition is reached, the case is set for an appearance in front of the judge to present the proposed disposition to the judge. The judge must approve all negotiated settlements of criminal cases. If no disposition is reached, the case is set for a case management conference. A case management conference is a proceeding at which the court will review the progress of negotiations, discuss the need for the filing and hearing of motions and, if a disposition still has not been reached, schedule the case for trial and/or hearing on any motions. Boulder County has established a process by which pre-trial conferences, case management conferences and other proceedings are scheduled. This process is set forth in Administrative Directive 01-103 and is contained in Chapter 17.

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