The Weld County District Attorney’s Office is committed to providing public information in an accurate and timely manner. News releases are posted regularly and are archived online to 2005.
Media questions, case updates and interview requests should be directed to Heath Montgomery, Community Relations Director, at 970-356-4010 ext. 4702 or hmontgomery@co.weld.co.us.
Booking Photos
This office welcomes and reviews requests for the release of booking photos to the media; such requests are decided on a per-case basis. The Weld County District Attorney’s Office reserves the right, however, to deny the release of booking photos if releasing the photo could potentially harm the integrity of a case. If a booking photo is cleared for release to the media, you will be directed to contact the Weld County Sheriff’s Office to obtain the photo from their files. If you contact the Sheriff’s Office first, they will send the request to this office for review.
Filing Process
When someone is arrested in Weld County for either misdemeanor or felony charges, they are booked into the Weld County Jail on recommended charges from the arresting law enforcement agency.
The day following the arrest, the person will attend a bond hearing. If they do not post bond for their case, the District Attorney’s office has 72 hours to review the case and recommended charges before filing formal charges against the defendant. If someone does post bond, the filing of formal charges by the District Attorney’s office is extended (usually by one week).
The formal charges may be the same as the recommended charges or they may be amended. The District Attorney’s office determines what the formal charges will be based on the reports provided by the arresting agency. The District Attorney’s Office also has the option to request more investigation on a case before determining what the formal charges will be.
Only the District Attorney’s Office can file felony charges against defendants and therefore can be the only entity to formally dismiss charges against the defendant.
Grand Jury
A Grand Jury is a jury of 12 people that do not decide guilt or innocence, but rather are an investigative body that decides if there is probable cause that someone committed a crime. If the Grand Jury finds that there is probable cause that someone did commit a crime, the Grand Jury will issue an indictment which acts as a charging document the same way a complaint and information does when the District Attorney’s Office files charges against someone.
The Grand Jury serves for one year and meets as needed. The way a Grand Jury is picked is similar to how a regular jury is picked. Those who received Grand Jury summons meet in front of the judge and the district attorney and are asked questions relating to their fitness for service (e.g. do they live the county, are they over the age of 18, is there a conflict of interest, etc).
The Grand Jury proceedings are confidential in order to protect innocent people and to allow the Grand Jury to conduct investigation without pressure from outside sources. This confidentiality is broken only after an indictment is issued and filed with the court where it becomes a matter of public record. The Grand Jury has the power to subpoena witnesses and documents as part of their investigation.
The District Attorney’s Office serves as the legal advisor for the Grand Jury and gives impartial advice and answers questions of law. The District Attorney’s Office also serves subpoenas at the request of the Grand Jury and drafts indictments for the Grand Jury to consider.
If the Grand Jury finds that no probable cause was found in a particular investigation, that information remains confidential and nothing further is done. In this case, however, the Grand Jury can choose to issue a report about their findings and that report can then become public information if certain conditions are met.
