1138 Criminal Law and Procedure Ch - state co-2025

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16-8.5-101: Defines competent to proceed as meaning that the defendant does not have a mental disability or developmental disability that prevents the defendant from having sufficient present ability to consult with the defendants lawyer with a reasonable degree of rational understanding to assist in the defense
The indictment or information may charge 2 or more defendants if they are alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses. The defendants may be charged in one or more counts together or separately.
A party must ordinarily move first in the district court for the following relief: (A) a stay of the judgment or order of a district court pending appeal; (B) approval of a supersedeas bond; (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
The court may permit an information to be amended as to form or substance at any time prior to trial; the court may permit it to be amended as to form at any time before the verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
If several offenses are actually known to the prosecuting attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the prosecuting attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the
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Criminal Trial: 8 Main Stages Step 1: Arrest. A criminal case starts when a person is arrested for the crime. Step 2: Bail. Step 3: Arraignment. Step 4: Preliminary hearing. Step 5: Pre-trial conference. Step 6: Jury trial. Step 7: Sentencing. Step 8: Appeal.

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