Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) When a determination is to be made as to a defendant's competency to proceed, the court shall explain to the defendant the nature and consequences of the proceeding and the rights of the defendant under this section. The defendant, if the defendant wishes to contest the question, may request a competency hearing that the court shall grant as a matter of right.
(2) At a competency hearing, the defendant and the prosecuting attorney are entitled:
(a) To be present in person;
(b) To examine any reports of the competency evaluation or other matter to be considered by the court as bearing upon the determination;
(c) To introduce evidence, summon witnesses, cross-examine opposing witnesses or witnesses called by the court; and
(d) To make opening and closing statements and arguments.
(3) The court may examine or cross-examine any witness called by the defendant or prosecuting attorney at a competency hearing and may summon and examine witnesses on the court's own motion.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 16. Criminal Proceedings § 16-8.5-109. Advisement on matters to be determined - last updated January 01, 2025 | https://codes.findlaw.com/co/title-16-criminal-proceedings/co-rev-st-sect-16-8-5-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)