JSERI Blog Archives

Thursday, January 27, 2011

More Coloradoans requiring public defense attorneys

The Denver Post reports that, even as the number of criminal prosecutions across the state has decreased, the Colorado State Public Defender is facing a record-high number of clients to defend.  This paradox, likely common throughout the nation, has a simple explanation.  The downturn in the economy has caused many people to lose their jobs, which in turn means that more people are falling into poverty.  When these people are cited or arrested for alleged violations of the law, increasingly larger percentages of them qualify for public representation.  So, even as fewer people overall are being prosecuted, more and more of them are financially incapable of hiring a private attorney.

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4:22 PM
Sunday, December 12, 2010

Gideon Alert: Lawsuit challenges Colorado law refusing appointment of counsel until after clients meet with DA

Colorado is the only state in the country that statutorily requires indigent defendants in misdemeanor cases to consult with prosecutors about plea deals before they can receive their constitutional right to counsel.  Colo. Rev. Stat. § 16-7-301(4) states that, in misdemeanor cases, the “application for appointment of counsel and the payment of the application fee shall be deferred until after the prosecuting attorney has spoken with the defendant.”  The prosecutor is statutorily obligated “to tell the defendant any offer that can be made based on the facts as known by the prosecuting attorney at that time.”

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1:31 PM