@Seattle1 @Alethea
I read or heard somewhere that Prosecutors have not formally filed the charges yet. Now I see this article that says the Judge gave them 10 days to do so.
Is this normal SOP ?
Colorado man suspected in wife's death appears in court
Murphy gave prosecutors 10 days to file charges against Morphew. He is scheduled to appear in court again on May 27.
Yes, that is correct. Barry's first appearance on Thursday was an Advisement Hearing which is typically held the day following an arrest. Judge Murphy advised BM that he was
under investigation. I believe his hearing on 5/27 will be a 2nd Advisement Hearing.
I'll link the 8 step process typical for criminal charges in Colorado below and what we should expect for BM's case.
GUIDE TO THE COLORADO CRIMINAL JUSTICE SYSTEM
The Process:
1. Arrest:
An officer may arrest a person when probable cause exists to believe he/she
committed the offense. A police officer does not need a warrant to arrest someone he
believes committed a crime.
2. 1st Advisement:
This is the first time the accused is brought into court. During this hearing,
the judge will advise the accused that they are under “investigation”.
This means the District
Attorney has not filed charges yet. The Judge will advise the accused what crime they are
being investigated for committing.
Bond will be set on all cases EXCEPT those involving
investigations for homicides.
3. 2nd Advisement:
During this hearing, the
judge will advise the accused what crime or crimes they have been charged with committing. The judge may also hear arguments to reduce bond.
4. Bond Hearing:
A hearing in which the accused may ask the court to reduce the set amount of bond. In Colorado, capital offenses are not bailable (when proof is evident or presumption is great). The defendant remains in custody until guilt or innocence determined.
5. Preliminary Hearing:
At this hearing, the District Attorney will be required to present sufficient evidence to prove that it is more likely than not that the accused committed the crime or crimes he/she is charged with committing. The District Attorney is not required to put on all of their evidence or even the testimony of the victim. The court will allow statements of witnesses to come into evidence through a detective or other police officer. The accused will not testify. With few exceptions, only persons charged with a class 1, 2, or 3 felony or who are in jail on a class 4, 5, or 6 are entitled to this hearing. Any person may waive their right to a preliminary hearing. Waiving the hearing is not unusual and is done to keep open a plea bargain. By waiving a preliminary hearing, the accused does not waive any other of his/her rights.
[..]
https://www.coloradodefenders.us/wp...e-to-the-colorado-criminal-justice-system.pdf
Colorado Revised Statutes Title 16. Criminal Proceedings § 16-4-101 | FindLaw