In all cases where on preliminary hearing in the county court concerning the commission of a felony the accused is bound over and is committed to jail, or recognized and held to bail, it is the duty of the district attorney to file an information in the district court. If the district attorney determines in any such case that an information ought not to be filed, he or she shall file with the clerk of the district court having jurisdiction of the supposed offense a written statement containing his or her reasons, in fact and in law, for not filing an information in the case, and such statement shall be filed within sixty-three days following the date upon which the offender was held for appearance.
Source: L. 72: R&RE, p. 217, § 1. C.R.S. 1963: § 39-5-208. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 849, § 74, effective July 1.
Structure Colorado Code
Title 16 - Criminal Proceedings
Article 5 - Commencement of Criminal Action
Part 2 - Indictments and Informations
§ 16-5-201. Indictments - Allegations - Form
§ 16-5-202. Requisites of Information - Form
§ 16-5-203. Furnishing Witnesses' Names
§ 16-5-204. Witnesses Before a Grand Jury - Procedure
§ 16-5-205. Informations - Authority to File - Indictments - Warrants and Summons
§ 16-5-205.5. Grand Jury Reports
§ 16-5-206. Summons in Lieu of Warrant
§ 16-5-207. Standards and Criteria Relating to Issuance of Summons in Lieu of Warrant