February 18, 2019

Colorado Court of Appeals: Speedy Trial Rights Violated if Juvenile Not Brought to Trial Within 60 Days of No-Bond Order

The Colorado Court of Appeals issued its opinion in People in Interest of G.S.S. on Thursday, January 10, 2019.

Children’s Code— Juvenile Court—Delinquency—No-Bond Order—Speedy Trial.

G.S.S. was arrested and charged with two delinquent acts for threatening to shoot students at his middle school. He was placed in secure detention. At the initial detention hearing on May 2, 2017, the district court ordered that G.S.S. be held without bond. Numerous hearings were held over the next several months regarding the status of G.S.S.’s release from detention. On August 9, 2017 defense counsel moved to dismiss the case for violation of G.S.S.’s statutory speedy trial rights. The district court granted the motion.

On appeal, the prosecution argued that G.S.S.’s requests for continuances waived or extended the speedy trial period, and if there was a speedy trial violation, dismissal is not the proper remedy. Under CRS § 19-2-509(4)(b), a court is required to bring a juvenile to trial within 60 days of a no-bond order, so G.S.S. was entitled to a trial within 60 days of May 2, 2017, or July 1, 2017. The court did not hold a trial within that 60-day limit. In addition, counsel’s actions on behalf of G.S.S. were designed to get G.S.S. released, not to delay a trial date. Thus, G.S.S.’s requested continuances did not waive, toll, or extend the speedy trial period. Accordingly, the district court violated G.S.S.’s statutory speedy trial rights. Further, the court of appeals discerned that it was the legislature’s intent to require dismissal when a speedy trial violation occurs, regardless of whether the speedy trial period was established by a no-bond hold order or entry of a not guilty plea. Therefore, the district court did not err by dismissing G.S.S.’s case.

The order was affirmed.

Summary provided courtesy ofColorado Lawyer.

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