Legal Question in Criminal Law in Colorado

Hello what are the elements of a criminal discovery (what must it contain) in Colorado and can they charge a fee for it?

Asked on 6/12/13, 9:40 pm

1 Answer from Attorneys

Damon Cassens Waters, Kubik, and Cassens

It must contain what you ask for.

But, even without a specific request, CRCP 16 requires:

(1) The prosecuting attorney shall make available to the defense the following material and information which is within the possession or control of the prosecuting attorney, and shall provide duplicates upon request, and concerning the pending case: (I) Police, arrest and crime or offense reports, including statements of all witnesses; (II) With consent of the judge supervising the grand jury, all transcripts of grand jury testimony and all tangible evidence presented to the grand jury in connection with the case; (III) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; (IV) Any books, papers, documents, photographs or tangible objects held as evidence in connection with the case; (V) Any record of prior criminal convictions of the accused, any codefendant or any person the prosecuting attorney intends to call as a witness in the case; (VI) All tapes and transcripts of any electronic surveillance (including wiretaps) of conversations involving the accused, any codefendant or witness in the case; (VII) A written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call at trial; (VIII) Any written or recorded statements of the accused or of a codefendant, and the substance of any oral statements made to the police or prosecution by the accused or by a codefendant, if the trial is to be a joint one.

And yes, they can charge you a "resonable" fee.

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Answered on 6/13/13, 5:38 am

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