Legal FAQ
The Prosecutor cannot change your court date. You can file a motion to continue a court date. Please call the court at 719-589-2272.
Subpoenas for prosecution witnesses are issued through the City Prosecutors office. If you received a subpoena signed by the Prosecutor, please contact our office if you have any concerns or questions. You may also receive a subpoena issued by the City Clerk on behalf of a defendant. It should have the defendant’s contact information. If you have any questions about a defense subpoena, please contact the Court Clerks at 719-589-2272.
Our office will mail you a form requesting a summary of out of pocket expenses incurred as a result of the crime in which you were a victim. If you did not receive a form and your case has either gone to trial or the accused has pled guilty or no contest and you believe you are owed restitution, please contact us as soon as possible. Restitution must be requested within 91 days from the date of conviction. Please save all bills and receipts because we may need to show the court a complete record of your expenses. There is no guarantee you will receive restitution. The city is not responsible for providing restitution. If restitution is ordered by the court, it is provided by the defendant in your case. If you have any questions, please do not hesitate to call the City Prosecutor’s administrator at 719-587-2509.
After you have seen a judge and been informed of your rights and charge(s), you may request to speak with the City Prosecutor. The City Prosecutor will meet with you to talk about the city’s position on your case. There is no guarantee your charges will be dropped. Your opportunity to contest your case is at a trial.
RJ Diversion is an alternative to court. It is a voluntary process for “making things right” with those who have been affected by your ordinance violation. It involves one or more meetings or group sessions, depending on your offense.
You may be eligible to receive an agreement for a deferred sentence, unless you are currently on a deferred, have had a deferred within the last three years or have criminal violations or traffic violations with significant point assessments on your record within three years. If you hold a CDL and have a traffic violation, you are not eligible for a deferred. If you are interested in a deferred, contact Desiree Cortez, City of Alamosa Legal Assistant, to start the process.
- If the deferred sentence agreement is granted, and is approved by the judge, you will pay a fee to the Court (fine + costs), be required to take a defensive driving class (if a traffic violation, and at your own expense) and have no violations of the law, including traffic violations of more than 4 points, during the deferment, which is for a period of one year. The conviction, and points, will not be reported to the State as long as you complete the conditions of the deferred. After the successful completion of a deferred, the case will be dismissed.
There are two ways to perform useful public service.
- You may make arrangements through RMS (correct name, contact information, web link). There is a fee associated with registering with RMS to offset administrative costs.
- If indigent, you may complete an application for determination of indigency. There is sometimes grant money available to cover the RMS fee. Otherwise, useful public service may be performed through the City’s cleanup program at St. Benedict’s Campground.
If you have questions arranging useful public service, please contact the Municipal Court
