MUNICIPAL COURT


Judges - Karen Wilczek
            Teresa Sims



Title 3

MUNICIPAL COURT

 

3.04     Municipal Court

 

3.04.010          Created--Powers

3.04.020          Fees

3.04.030          Definitions

3.04.040          Probation

3.04.050          Deferred judgment

3.04.060          Restitution

3.04.070          Driver improvement school

3.04.080          Violation of promise to appear

3.04.090          Juveniles--Procedure--Penalty

 

3.08          Principles of Culpability and Responsibilities

 

3.08.010          Applicability

3.08.020          Requirements for criminal liability

3.08.030          Effect of Ignorance or mistake

3.08.040          Consent

3.08.050          Intoxication

 

3.12     Parties to Offenses—Accountability

 

3.12.010          Applicability

3.12.020          Liability based on behavior

3.12.030          Behavior of another

3.12.040          Complicity

3.12.050          Exemptions from liability--No defense based on behavior of another

3.12.060          Liability based on behavior of another--No defense

 

3.16          Justifications and Exemptions for Criminal Responsibility

 

3.16.010          Applicability

3.16.020          Execution of public duty

3.16.030          Choice of evils

3.16.040          Use of physical force--Special relationships

3.16.050          Duress

3.16.060          Use of physical force in defense of a person

3.16.070          Use of physical force in defense of premises

3.16.080          Use of physical force in defense of property

3.16.090          Entrapment defense

3.16.100          Use of physical force in making an arrest or in preventing an escape


 

3.04     Municipal Court

 

3.04.010  Created—Powers

 

There is created a municipal court in and for the Town, which court shall hear and try all alleged violations of provisions of this Code, and which court shall be vested with the powers and authority and shall be subject to the restrictions provided by Colorado Municipal Court Rules of Procedure as established by the Colorado Supreme Court and by Colorado Revised Statutes as said statutes apply to municipal courts.   Prosecution of any offense made punishable under any provision of this Code shall be barred one (1) year after the commission of the offense.

 

3.04.020  Fees

 

A.  Surcharges There shall be assessed against each defendant, upon conviction, a surcharge of five dollars ($5) in all cases before the municipal court, which surcharges shall be remitted to the Town and used exclusively for the purposes of training for police officers in the performance of their duties and the purchase and/or maintenance of police equipment.  In addition, there shall be assessed against each defendant a surcharge of twenty-five dollars ($25) upon conviction of violations under Chapters 6.04 Animals Running at Large, 6.07 Vicious Animals Prohibited, 6.12 Inhumane Treatment, and 6.13 Public Nuisance of Title 6 Animals of this code, which surcharge shall be remitted to the Town and used exclusively for operation, maintenance, and improvement of the animal control shelter.  Said surcharge shall also be assessed against each defendant upon conviction of violations of offenses under  ; Sections 8.04.030 Throwing missiles and 8.04.040 Prohibited use of weapons of new Chapter 8.04 Offenses Relating to Safety of Title 8 Health and Safety; Chapter 9.04 Offenses Relating to Intoxicating Drugs and Alcohol; Sections 9.08.030 Petty theft, , 9.08.050 Criminal mischief, 9.08.060 Criminal trespass, 9.08.090 Fraud by check, 9.08.110 Tampering, 9.08.120 Defrauding an innkeeper, 9.08.130 Theft of rental property, and 9.08.140 Arson of new Chapter 9.08 Offenses Relating to Property;  Sections 9.16.020 Harassment, 9.16.030 Assault and battery, 9.16.050 Hazing, 9.16.060 Menacing, 9.16.070 Reckless endangerment, and 9.16.090 Aiding and abetting a minor of Chapter 9.16 Offenses Relating to Public Peace and Order of Title 9 Public Peace, Morals, and Welfare; and any other offense in this Code in which the court determines that there is a victim, which surcharge shall be remitted to the Town and transferred to Rangely Victim Services, Incorporated. 

B.  Court costs. Court costs shall be assessed against any defendant who pleads nolo contendere or who enters into a plea agreement or who, after trial, is found guilty.  Such costs shall not exceed twenty-five dollars ($25) for trial to the court or entry of pleas of guilty or nolo contendere and fifty-five dollars ($55) for trial by jury.

C.  Witness fees. Each witness in a trial shall receive five dollars ($5) per day for testifying in a trial.  Such fees shall be assessed by the judge against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement, or who, after trial, is found guilty.

D.  Deferred judgment fee.  In all cases in which a defendant is granted a deferred judgment and sentence, the court shall assess against said defendant a fee in the amount of forty dollars ($40) to defray the costs of preparing applicable court documents and a fee of ten dollars ($10) per month to monitor compliance.  Additional fees may be assessed if a human service agency, mental health professional, or similar agency or professional is utilized by the court to supervise the defendant’s compliance with the terms of the deferred judgment.

E.  Probation fee.  In all cases in which the court orders that the defendant be placed on probation, the court shall assess against said defendant a fee of twenty-five dollars $25).  Additional fees may be assessed if the defendant is required to undergo counseling, treatment, or supervision by a human resources agency, mental health professional or similar agency or professional.

F.  Bench warrant fee.  In all cases in which a bench warrant is issued for the arrest of a defendant for failure to appear, failure to pay penalty assessments, fines, surcharges, fees, and/or costs as ordered by the court, the court shall assess against said defendant a fee in the amount of thirty dollars ($30) in addition to all other fees and costs due and owing.

G. Incarceration fee.  In all cases in which a defendant is sentenced to incarceration in the County jail, the court may assess against said defendant an incarceration fee equal to the costs incurred by the Town for such incarceration. 

H. Community or useful public service fee.  In all cases in which a defendant is required to perform community or useful public service, the court shall assess of fee of sixty dollars ($60) for the first time such service is required and a fee of one-hundred twenty dollars ($120) for the second and each subsequent time.

I.  Late fee.  If a defendant is late on the payment of any fee or fine, the court may assess a late fee of twenty-five dollars $25).

J.  Fee for failure to appear or comply. If a defendant fails to appear in court as summoned or ordered by the court or fails to comply with any orders of or conditions set by the court, the court may assess against said defendant a fee not to exceed three hundred dollars ($300).

K.  Fee for stay of execution.   In all cases in which a defendant is granted a stay of execution, the court may assess against said defendant a fee of twenty-five dollars $25).

L. Supervised jail/case review fee.  In all cases in which a defendant is ordered to serve a supervised jail sentence or appear before the court for review of his case, the court shall assess against said defendant a fee of ten dollars ($10) per month.

 

3.04.030 Definitions

 

For the purposes of all criminal offenses prosecuted in the court as well as any other offenses defined and described in this Code, the following terms, phrases, words, and their derivations shall have the meaning given herein:

1.  “Act”.  A bodily movement and includes words and possession of property.

2.  “Action to abate a public nuisance”.  Any action brought in the municipal court or authorized by Chapter 4.08 Public Nuisances Relating to Health of Title 4 Public Nuisances to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance.

3.  “Building”.  Any dwelling, office building, store, warehouse, or structure of any kind, whether or not the building is permanently affixed to the ground upon which it is located, and any trailer, semi-trailer, mobile home, manufactured home, or any vehicle designed or used for occupancy by persons for any purpose.

4.  “Conduct”.  An act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions.

5.  “Criminal negligence”.  A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

6.  “Culpable mental state”.  Intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal negligence, as these terms are defined in this section.

7.  “Custodian”.  Any person over the age of twenty-one (21) who is in loco parentis to a juvenile.

8.  “Guardian”.  Any person, other than a parent, who has legal guardianship of a minor.

9.  “Intentionally” or “with intent”.  All offenses in which the mental culpability requirement is expressed as “intentionally” or “with intent” are declared to be specific intent offenses. A person acts “intentionally” or “with intent” when his conscious objective is to cause the specific result proscribed by the provision of this Code defining the offense.  It is immaterial to the issue of specific intent whether or not the result actually occurred.

10. “Knowingly” or “willfully”.  All offenses in which the mental culpability requirement is expressed as “knowingly” or “willfully” with respect to conduct or to a circumstance described in a provision of this Code defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.  A person acts “knowingly” or “willfully” with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result.

11.  “Minor” or “child”.  Any person under the age of eighteen (18) years.

12. “Omission”.  A failure to perform an act as to which a duty of performance is imposed by law.

13. “Parent”.  The natural or adoptive parent of a minor.

14. “Public place”.  Any street, alley, highway, sidewalk, park, playground, or place to which the public has access and a right to resort for business, entertainment, or other lawful purpose.

15. “Recklessly”.  A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

16.  “Victim”.  A person harmed by another, made to suffer from an act, circumstance, agency, or condition, or tricked, swindled, or taken advantage of.

17.  “Voluntary act”.  An act performed consciously as a result of effort or determination and includes the possession of or control thereof for a sufficient period to have been able to terminate it. 

 

3.04.040  Probation

 

A.  Granting of probation.  Upon a plea or a finding of guilt and after considering the defendant’s background and potential for rehabilitation, and, when it appears to the satisfaction of the court that the ends of justice and the best interest of the defendant will be served thereby, the court may grant the defendant probation, not to exceed twelve (12) months, and upon such terms and conditions as it deems best.  In addition to such terms and conditions, the court may require the defendant to pay any fines not to exceed three hundred dollars $300), fees, surcharges, and/or court costs in one (1) or more installments and require the defendant to serve a period of imprisonment not to exceed ninety (90) days.

B.  Conditions of probation.  Conditions of probation may include:

1.  Restitution by the defendant to the victim for any damages incurred as the result of the defendant’s conduct;

2.  Undergoing detoxification or other medical treatment at a facility determined by the court;

3.  Attendance at driver or safety classes pertaining to the conduct of which the defendant was convicted;

4.  Reporting to the court at reasonable times as directed by the court;

5.  Remaining within the jurisdiction of the court unless permission is granted to leave by the court;

6.  Refraining from alcohol, illegal narcotics, or dangerous drugs without a physician’s prescription,

7.  Payment of any costs and fees of the court action;

8.  Requiring notification to the court within ten (10) days of any change in address or employment;

9.  Performance of community or useful public service; and

10. Satisfaction of any other conditions deemed appropriate by the court reasonably related to the defendant’s rehabilitation and the purpose of probation.

C.  Violation of probation.  Violation of probation may include any violation of probation conditions or participation in criminal activity during the probation period, including a violation of any provision of this Code, Colorado State Statute, or federal statute.  The court may authorize the arrest of a defendant for violation of probation when there is probable cause to believe the defendant has violated probation, or, if a police officer or prosecuting attorney has reason to believe that conditions of probation have been violated by any probationer, he may cause a summons to be issued requiring the probationer to appear before the court at a specified time and place to answer charges of violating the conditions of probation, which summons, unless accompanied by a copy of a complaint, shall contain a brief statement of the violation and the date and place of the violation thereof.  If the court following a hearing determines that a violation of a condition of probation has been committed, it may reinstate the original sentence or either revoke or extend the probation.  If the probation is revoked, the court may impose any sentence or grant any probation which may have originally been imposed or granted.

 

3.04.050  Deferred judgments

 

When the court determines that the ends of justice will be served thereby, the court may suspend the imposition of any fine or incarceration and/or stay the execution of a sentence for a period not to exceed twelve (12) months.  In any case in which the defendant has entered a plea of guilty or nolo contendere,  the court may continue the case for a period not to exceed one (1) year from the date of entry of such plea for the purpose of entering judgment and sentence at that time.  The court may impose such terms and conditions as it deems best, and such action will be with the written consent of the defendant, his attorney, and the prosecuting attorney in the form of a stipulation.  Upon a breach of terms or conditions, the prosecuting attorney shall apply to the court for entry of judgment and imposition of sentence.

 

3.04.060  Restitution--Useful public service

 

In addition to the fine and/or imprisonment as provided in this Code, the court as part of any sentence imposed by the court, upon conviction, may order the defendant to make restitution to the victim(s) for any damages incurred as a result of the defendant’s conduct.  The court may also require a defendant to perform community or useful public service under the direction of the Town police department or such other agency as the court may select.

 

3.04.070 Driver improvement school

 

Whenever a person has been convicted of violating any provision of Chapter 10.04 Traffic Code of Title 10 Vehicles and Traffic of this Code or other provision of this Code regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at his own expense, if any, to attend and satisfactorily complete  a course of instruction at any designated driver improvement school in the county of the defendant’s residence and providing instruction in the traffic laws of this State, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention.  Unless otherwise provided by law, such school shall be approved by the court.

 

3.04.080  Violation of promise to appear

 

A.  It is unlawful for any person to fail to, or refuse to, appear in municipal court after affixing his signature to a summons and complaint as his personal recognizance and promise to appear on the date and time specified.

B.  Violation of this section is punishable the same as the original charge, or, if there were more than one (1) original charge, the same as the most serious offense charged.

 

3.04.090  Juveniles--Procedure—Penalty

 

A.  Applicability.  Any provision of this Code may be enforced upon a juvenile, and the juvenile may be issued a summons and complaint to appear in municipal court to answer the complaint.   A jail sentence shall not be imposed upon a juvenile convicted of a violation of any provision of this Code,  except for traffic offenses.  For purposes of enforcement, a juvenile is a person who is at least ten (10) years of age or older but less than eighteen (18) years of age.  No child under ten (10) years of age shall be found guilty of any offense prosecuted in the court.  An offense committed by a person who, at the time of the commission of the offense, was a juvenile shall thereafter be treated as a juvenile for prosecution purposes.

B.  Persons before court.  The general public shall not be excluded from any hearings before the court involving a juvenile unless the court, on its own motion or on the motion of an interested party, determines that it is in the best interests of the juvenile or the community to exclude the general public. In such event, the court shall admit only such persons as have an interest in the case or the work of the court, including persons whom the Town attorney, the juvenile, his parents or guardian, or any other custodian may wish to be present. 

C.  Procedures.  When individual summons and complaints are filed against more than one (1)  juvenile alleging violations of any provision of this Code arising from the same criminal episode, any proceedings, including trials, may be consolidated.   Juvenile cases may be heard separately from adult cases, and the juvenile or his parents, guardian, or any other custodian may be heard separately when deemed necessary by the court.  The court on its motion or on the motion of any party may require the appearance of any person it deems necessary to the action, and authorize the issuance of a summons directed to such person. At all proceedings before the court involving a juvenile, it shall be required that at least one (1) of the juvenile’s parents or guardians appear with the juvenile.

D.  Penalty.  Upon the plea or finding of guilt, a juvenile convicted of a violation of any provision of this Code may be placed on probation at the discretion of the court. The terms and conditions of probation may include those terms and conditions as set forth in Section 3.04.040  Probation of this Chapter and also may require that the juvenile not consume or possess any alcohol or use any controlled substance without a prescription; attend school or an educational program or work regularly at suitable employment; and satisfy any other conditions deemed appropriate by the court and reasonably related to the juveniles rehabilitation and the purpose of probation.  Probation may be revoked or extended in accordance with the provisions of said Section 3.04.040 Probation.


 

3.08     Principles of Culpability and Responsibility

 

3.08.010  Applicability

 

This Chapter shall be applicable to all criminal offenses defined in Title 3 Municipal Court as well as any other criminal offenses prosecuted in the municipal court.

 

3.08.020  Requirements for criminal liability

 

The minimum requirements for criminal liability are the performance by a person of conduct, which includes a voluntary act or the omission to perform an act, which he is physically capable of performing. 

 

3.08.030  Effect of ignorance or mistake

 

A.  A person is not relieved of criminal liability for conduct because he is engaged in that conduct under a mistaken belief of fact unless:

1.  It negates the existence of a particular mental state essential to commission of the offense;

2.  Or the provision of this Code defining the offense or any