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BROOMFIELD MUNICIPAL COURT

 

BENCH TRIAL PROCEDURES

 

FOR ADULT DEFENDANTS REPRESENTING THEMSELVES

IN A

TRIAL TO THE COURT

 

This information is designed to assist adult Defendants who choose to represent themselves in a trial  to the Court in Broomfield Municipal Court.  It is a general overview of trial procedures.

It by no means covers all situations that may arise during the course of a court trial.

It is intended to assist in the preparation and orderly presentation of evidence at the court trial.

 

Your case will be called by the Judge and the Judge will inquire if you are ready to proceed to trial.  If you have any witnesses that you feel will be necessary to testify at the trial, you will be required to have them in attendance.  If a potential witness advises you that they are unavailable you may subpoena them to your trial.  You must obtain a subpoena, issued by the court, well in advance of your trial date and have your witness served at least 48 hours prior to your time of trial, by another person who is not a party to your case and is over the age of 18 years.  You must then file a return of service with the Court showing that your witness was personally served.

 

  • Opening statements

 

The trial will begin with opening statements from the prosecuting city attorney and from you if you choose to do so.  An opening statement is not evidence, it is merely a statement of what the city attorney and the defense intends to prove through the course of the trial.   

An opening statement is not mandatory and it may be waived by either the city attorney or the defense.    After the city attorney has made his/her opening statement to the court, you may either make an opening statement, waive an opening statement, or reserve your right to make an opening statement until after the city attorney has presented its case to the court.

 

  • City attorneys case

 

The city attorney will then call its witnesses and introduce any physical evidence they may have and question their witnesses concerning the incidents involved in your case.  After the city attorney has finished questioning each witness you will have the right to question that witness.  This is called cross examination.  Your questions must be relevant and appropriate to the matters the witness testified to and must bear a relationship to the incidents involved in the case.  

 

  • Defendant’s case

 

Once the city attorney is done then you may make an opening statement if you reserved your opening statement.  You may call witnesses to testify on your behalf and to question them concerning the incidents involved in the case.  Just as you have a right to cross examine the city’s witnesses, the city attorney has the right to also question and cross examine each of your witnesses.

 

  • Curtis Advisement

 

Since it is the city attorney’s burden to prove each element of the offense for which you are charged beyond a reasonable doubt you are presumed to be innocent.  You will be given what is called a Curtis Advisement, outside the presence of the court, which advises you that you have a constitutional right to remain silent and if you choose to remain silent the city attorney may not comment on that fact and the court will be instructed that they may not infer any guilt by the fact that you chose to remain silent.   You also have a constitutional right to testify and if you choose to testify then you are waiving or giving up your right to remain silent and you subject yourself to cross examination the same as any other witness.  If you have any felony convictions as an adult then the city attorney may introduce that information to the court in an attempt to impeach your credibility or believability with respect to your testimony regarding the incidents involved in the case. 

 

  • Rebuttal evidence

 

After you have concluded the presentation of your evidence the city attorney may present additional evidence, which is called rebuttal testimony, to rebut any evidence you presented in the case.   After the city attorney concludes presenting rebuttal evidence, the evidence in the case is closed.

 

  • Closing Arguments

 

The City attorney now has the opportunity to make a closing argument, arguing why, based on the evidence which has been presented, the court should find you guilty of the offense you are charged with committing. You then have the opportunity to also make a closing argument arguing why, based on the evidence which has been presented, the court should find you not guilty.  Finally, since it is the city attorney’s burden of proof they will have the last word so to speak and will be allowed to present a rebuttal closing argument. 

  

Closing arguments are not evidence and cannot be considered by the court as evidence.  Any questions or statements which you make which are not in the form of sworn testimony cannot be considered by the court as evidence in the case nor in the determination of its judgment. 

 

  • Judgment by the Court

 

The court will then make its decision, based upon the evidence that has been submitted to the court during the course of the trial.

 

·        Right to Appeal

 

If you are found guilty you have the right to appeal your case to the District Court of Broomfield County.