Asked in Criminal Law and Domestic Violence for Colorado

Q: What does it mean when they transfer my criminal mischief case to county court

My criminal mischief charge was dropped from a felony to misdemeanor it is also my first offense.I cannot afford an attorney and I don’t qualify for a public defender I have court coming soon

1 Lawyer Answer

A: What level of offense a criminal mischief charge is depends on the $ amount of damage allegedly caused - so it can range from the lowest misdemeanor to a relatively serious felony. Often the initial report isn't accurate or is just an estimate, and the DA will then amend the offense level when they do some follow-up investigation. It sounds like in your case they realized the amount of alleged damage was lower than initially thought, and that dropped it from a felony range to a misdemeanor range.

Felony offenses are heard in District Court, while misdemeanors are in County Court. So, with when your charge was amended down to a misdemeanor, it was also moved into a courtroom that handles misdemeanor cases.

There are attorneys that may be willing to work with you on a low pay or slow pay basis if you don't qualify for a public defender but also can't afford private counsel. When you appear in court you can judge if there is a low pay/slow pay list for your county. If this is your first offense, you should aim for a resolution that allows you to keep this off your record such as diversion, deferment, or dismissal.

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