FAQs - District Attorney
What is the difference between District Court and County Court?
The District Court handles all criminal cases which include a felony charge and all criminal cases where the person charged is a juvenile under the age of 18 years of age. The County Court handles all criminal cases involving misdemeanors, traffic offenses and traffic infractions.
Public Defender - How do I get a Public Defender?
You may call their office at 970-247-9284 and press 0 to ask for assistance or you may go to their office at 101 West 11th Street, Suite 108, Durango, Colorado 81301 and fill out an application.
Is the District Attorney elected or appointed?
The District Attorney is an elected official and serves a four year term. Under state law the District Attorney is limited to two four year terms.
Deferred Sentence - What is a deferred sentence?
Colorado statutes authorize a person to plead guilty to a criminal offense but to postpone sentencing on that offense for a period of time not to exceed two years on a misdemeanor or four years on a felony. During this postponement period, the defendant must remain law abiding, pay restitution and court costs, and complete any conditions set be the court, such as drug/alcohol treatment, domestic violence treatment, mental health treatment and useful public service work. Read more »
Can I report a crime to the District Attorney's Office?
By statute, the District Attorney's Office is responsible to prosecute crimes which have been charged following an investigation by a law enforcement agency such as the police or sheriff's office. To report a crime you should contact your local police or sheriff's office.
Non-Emergency # 970-385-2900
Emergency - dial 911
Drug Court - What is drug court?
Drug Court is an alternative to the regular docket in both adult and juvenile court. Offenders who have committed non-violent crimes related to drug abuse and addiction problems are eligible for this program. Drug Court utilizes the focused involvement of the Court, Probation, treatment providers, and others involved in the criminal justice system, to increase direct supervision of offenders, coordinate public resources, and expedite case processing. Read more »
I think someone used my name when they got their ticket. What can I do about it?
I live out of state or live more than 100 miles from La Plata County. Do I have to come back to my court date, or do I have other options?
If you did have to post a bond, you will need to appear in person on your court date. If you did not have to post a bond, you may be eligible to enter a plea of guilty by mail.
What is a preliminary hearing?
A preliminary hearing is a hearing before a judge to determine if it is more probable than not the the defendant comitted the felony offenses for which the defendant has been charged. If the judge finds that probable cause exists then the defendant is bound over for trial. If the judge does not find probable cause exists then the felony charges are dismissed.
What is an arraignment?
This is a court appearance where the defendant, after being advised of his/her rights, makes a decision to either plead guilty and avoid a trial or plead not guilty and request a trial on the charges.
