The Office of the District Attorney has jurisdiction, or authority, over violations of state criminal laws and is responsible for upholding the Colorado and United States Constitutions. The District Attorney serves as the public prosecutor for felony, misdemeanor, traffic, and juvenile offenses in the County and District Courts. Additionally, the District Attorney’s Office provides assistance and education in the community on a variety of public safety issues, including crime prevention and crime survivor resources, consumer and immigrant protection, elder fraud and abuse, diversion and restorative justice practices, sexual abuse and workplace misconduct, domestic violence, bias and hate crimes, mental health, and substance abuse.
In Colorado, District Attorneys are elected to four-year terms by voters in each Judicial District. Boulder County represents the 20th Judicial District of the State of Colorado. The District Attorney serves an Executive Branch function, which means it is responsible for enforcing Colorado state criminal laws as created by the Legislature. The District Attorney’s Office does not have jurisdiction over City Code or Ordinance violations or regulatory codes.
Boulder County is represented by District Attorney Michael Dougherty. The Boulder County DA’s Office has a staff of more than 100, which includes two Assistant DAs, as well as Chief Trial Deputies, Deputy DAs, Victim Advocates, Criminal Investigators, Restorative Justice and Diversion casemanagers, and several other professional support staff. The office handles approximately 2,000 felonies and more than 8,000 misdemeanor and traffic cases each year. Boulder County DA’s Office is a recognized leader in the areas of:
Sex Assault & Domestic Violence Prosecution Community Protection Initiatives & Outreach Restorative Justice& DiversionTo maintain public safety while seeking justice in every case, and to enhance the legacy of the Boulder District Attorney’s Office as a leader in public safety, progressive prosecution, and criminal justice reform.
Our Commitment to Diversity, Equity, and Inclusivity
Our office is committed to ensuring that the justice system is fair and equal for all, and this commitment expands across all aspects, roles, and staffing decisions of our office. As part of that effort, we are committed to the recruitment, hiring, retention, and promotion of a diverse staff. We strive to create an inclusive environment that provides all employees an opportunity to advance their careers successfully. Our staff reflects the community we serve, which results in a better office–one that pursues and projects fair-mindedness to all those encountering the criminal justice system.
District Court
The District Court has original jurisdiction over all felony cases in the 20th Judicial District. The District Attorney’s Office first becomes involved in a criminal action on the day after a person is arrested for a felony crime, or when the police refer a case to the DA’s office for a filing decision on felony charges and a warrant is issued. Our District Court team handles major felonies, including homicides, sexual assaults, child abuse, burglaries, robberies, aggravated assaults, and felony domestic violence cases.
County Court
The Boulder County Court has original jurisdiction over all Colorado state misdemeanor and traffic cases. One Deputy District Attorney is assigned to each of the Boulder court divisions. In the Longmont division, two Deputy District Attorneys are assigned to prosecute the Longmont caseload. The most common cases in county court consist of domestic violence cases and traffic charges, including drinking and driving offenses.
Juvenile Prosecution
The Boulder District Attorney’s Office Juvenile Prosecution Division seeks timely and effective interventions and consequences for children who have committed delinquent (illegal) acts. Juveniles are not treated as adults in the criminal court system. The juvenile justice system focuses on treatment and rehabilitation more than punishment. The Colorado Children’s Code mandates that the juvenile justice system secure for each “delinquent youth” such care and guidance, preferably in their own home, as will best serve the young person’s welfare and the interests of society. Not all kids who get in trouble need the same consequences. The Juvenile Prosecutors collaborate with community partners to evaluate the best interest of the youth, victim needs, and community safety risk and works to hold juveniles accountable while also providing supportive services to prevent future crime. The Boulder DA’s Office evaluates juvenile delinquency cases for diversion and restorative justice and currently diverts more than half of the juvenile cases referred to the office for participation in diversion and restorative justice case resolution.
Community Protection Division
The Community Protection Division (CPD) serves the people of Boulder County in three ways: (1) Works to resolve disputes between individual consumers and businesses; (2) Investigates complaints and prosecutes cases involving abuse or exploitation of elder and vulnerable members of our community; and (3) Engages community members through outreach and education, arming them with tools necessary to protect themselves and to prevent them from becoming victims of crime.
Investigations Unit
The Investigations Unit of the 20th Judicial District Attorney’s Office provides investigative assistance, trial preparation, technical support, and training to the prosecuting attorneys and law enforcement agencies of Boulder County. The unit is staffed by state-certified peace officers. In addition to case investigation, all Investigators are involved in collateral duties such as: Hate/Bias Crime Task Force, Witness Protection, Cold Case Homicide Review Team, Human Trafficking, Domestic Violence Task Force, Sexual Assault Task Force, Workplace Sexual Misconduct Task Force, Hostage Negotiations, Critical Incident Team investigating officer-related shootings, Child Fatality review, Adult Protection and Elder Abuse, White Collar Crimes Task Force, and/or the Conviction Integrity Unit. In addition, one Investigator is assigned to the Boulder County Computer Forensic Laboratory, which is responsible for the forensic examination of electronic devices as part of a criminal case investigation. That Forensic Investigator is also the handler for a certified electronic detection dog that helps assist on search warrants. The Investigations Unit also has one technical support person who is responsible for court room trial support, creating demonstrative evidence and exhibits, completing A/V redactions, obtaining certified copies of criminal reports and convictions, and tracking cases and subpoenas. Investigators also participate on the Countywide Law Enforcement Honor Guard.
Center for Preventive and Restorative Justice (CPRJ)
The CPRJ Unit delivers a high-quality diversion model that emphasizes accountability and prevention, applies restorative justice practices and principles, matches services to needs, and effectively achieves community safety by decreasing risk of recidivism. The Center for Prevention and Restorative Justice’s in-house restorative justice program, DARJ, provides high-quality restorative services including: Community group conferencing; Victim offender dialogue; and RJ processes for drug or alcohol-related violations. Diversion is offered as an alternative to traditional prosecution for both adult and juvenile offenses and centers meaningful accountability and crime survivor voice and choice, while allowing defendants an opportunity to repair the harms of the crime and avoid the collateral consequences that may accompany a criminal conviction. CPRJ has diverted more than 3,400 cases between 2016 and 2022, with participants successfully completing their diversion plan at a 92% success rate, and a 99% victim and community satisfaction rate. The District Attorney Office CPRJ Unit is recognized as a national leader in the field and often trains other diversion programs both locally and nationally on best practices. Additionally, this Unit was a Pinnacle finalist in 2018 and NACO Award winner in 2019.
Conviction Integrity Unit (CIU)
The overarching goal of the Boulder District Attorney’s Office is to seek justice in every case. In pursuit of that goal, the Boulder District Attorney’s Office established the Conviction Integrity Unit (CIU) in 2018 to investigate wrongful conviction claims. Upon request, the CIU will review each claim in order to identify and rectify cases where individuals assert they were wrongfully convicted. The mission of the CIU is to review legitimate claims of actual innocence. The CIU is composed of members representing the University of Colorado Law School, Alternative Defense Counsel, and the Boulder District Attorney’s Office. This collaborative approach seeks to ensure a fair review of all claims by a group of attorneys and investigators with differing perspectives from within the criminal justice system. The CIU process is completely independent of any previously-filed or ongoing post-conviction litigation or appellate filings, and seeks to further the interest of justice by ensuring that every claim of actual innocence is being diligently reviewed and investigated. This Unit is the first of its kind in the State of Colorado.
Crime Victim Assistance
The mission of the Victim/Witness Assistance Program is to ensure that victims of crime are treated with fairness, respect, and dignity, and maintain compliance with the Victim Rights Amendment. The DA’s Office’s committed Victim Witness Unit provides comprehensive assistance and services to crime victims and witnesses throughout the criminal justice process to lessen the impact of crime on them, provide resources, explain their rights and the criminal justice process, and to support the prosecution in successfully seeking justice in criminal cases. Victim Advocates support victims and witnesses at every critical stage of the case proceeding by advising them, attending court with victims, and assisting them in the application of crime victim compensation and restitution.
Critical Incident Response Team (CIRT)
Pursuant to statute and protocol, Boulder County has designated a Critical Incident Response Team (CIRT) to respond to every officer-involved shooting or incident that results in injury or death. This team is comprised of dedicated and experienced multi-agency law enforcement personnel to ensure an objective and thorough investigation is completed in these cases. The District Attorney’s Office plays an active role in assisting the CIRT and has both Investigators and Prosecutors assigned to the response team. The law enforcement agency involved does not play an active role in the investigation. Once the investigation is complete, the CIRT presents their findings to the District Attorney who then reviews the investigation for final determination of charging.
Discovery/Records Unit
In criminal proceedings, defendants or their defense attorneys have the right to obtain “Discovery” which means the reports, records, and evidence in the DA’s possession relating to the case. With the discovery information, the defendant can test the prosecution’s evidence and prepare their defense. In Colorado criminal cases, the right to discovery is governed by Rule 16 of the Colorado Rules of Criminal Procedure. Any other requests for discovery or information contained in a criminal case must be submitted through an Open Records Request.
Restitution Unit
Restitution is investigated in all adult felony, misdemeanor, and traffic cases to determine and document the financial losses of crime victims so that the amount can be assessed against the defendant for repayment to the victim as part of the sentence imposed. Restitution figures are prepared by victim assistants and presented for prosecutor, defense, and court review. The collection of restitution is supervised by the State of Colorado.
Volunteers and Interns
Community volunteers in the Boulder District Attorney’s Office contribute in several areas: Victim Witness Unit; Community Protection Division; County Court Division; and Restorative Justice. The DA’s Office also offers a limited number of competitive law clerk positions each semester for law school students, and internships for undergraduate students. DA Office volunteers were recently recognized with an award from the Boulder County Commissioners.
Fresh Start
The Fresh Start program is an innovative program, believed to be the first of its type and design in Colorado, to give defendants who have active warrants on lower-level, non-violent offenses, an opportunity to come to the courthouse to either resolve their case or get it back on track, without the detrimental impact of an arrest and detention. The goals of the program are to alleviate the stresses and barriers that warrants create for defendants, as well as the risks that contacting individuals with warrants have for law enforcement officers, and to ensure the fair and efficient administration of Justice by resolving outstanding cases. The program opens the Boulder Justice Center or the Longmont Courthouse on designated Saturdays twice per year; the courthouses are fully staffed with Judges, court staff, defense attorneys, immigration attorneys, interpreters, prosecutors and security personnel. Based on the case disruption during the pandemic, the Fresh Start program was especially important in helping to get cases back on track after court dates were continued and missed by defendants. For the first time, the Fresh Start program was offered virtually and was successful in its mission for all involved.
The Fresh Start program is also designed to give members of the immigrant community an opportunity to appear and resolve cases without the fear of federal immigration officers’ (ICE) presence, thus allowing better access to the justice system for all residents of Boulder County. This supports community safety and promotes justice by increasing the number of cases reaching resolution rather than sitting open or pending because of fear of immigration by defendants, victims, or witnesses.
Diversion Opportunity for Resources & Stabilization - formerly MHDP (DORS)
The DORS Pre-File Diversion Program is designed to identify individuals who are accused of low-level criminal offenses and are struggling with mental health issues, and to divert them out of the criminal justice system. It is not uncommon for individuals facing mental health problems to get arrested on misdemeanor and petty offense charges such as trespassing, theft, criminal mischief or disorderly conduct. The goal of the new DORS Pre-File Diversion program is to keep these offenders out of jail, and instead connect them with the appropriate mental health and social service resources, which should also reduce future contact with the justice system. Defendants with eligible offenses are screened for mental health issues at the jail and if the case is referred to the DORS Navigator for further assessment, evaluation, and care coordination for up to twelve months in lieu of prosecution. In 2020, the criteria and types of offenses eligible for participation was expanded to allow for more participation and diversion efforts on a wider range of offenses. Additionally, in July of 2022, the District Attorney’s Office along with other participating stakeholders successfully applied for and received grant funding that allowed for the addition of a second case manager to work with DORS clients.
Other Behavioral Health Programs and Activities
The Boulder DA’s Office actively partners and collaborates with other county agencies including Boulder County Community Justice Services (CJS), the Boulder County Jail, Boulder County law enforcement, and Boulder County Public Health to help people suffering from mental health issues and substance use disorders to stay out jail, to connect them with appropriate care and interventions, and to improve outcomes of the criminal justice system by addressing underlying needs and reducing rates of re-offense. Early intervention and diversion programs, specialized supervision and re-entry tracks, and coordinated system care allow the jail and prosecution resources to be reserved for violent and high-risk offenses and defendants.
Members of the DA’s Office work closely with law enforcement and other partners to support our efforts to expand co-responder and law enforcement diversion programs. The Boulder DA’s Office is an active member of the Substance Use Advisory Group and many steering committees working towards a county “hub” model to centralize behavioral health screening, referral, and service navigation county-wide.
Innovative Domestic Violence Acute Response Team (DV ART)
The District Attorney’s Office prioritizes the prosecution of domestic violence abusers. The Office saw a critical need to improve the response to increasing numbers of domestic violence cases and created an innovative, victim-centered approach to the investigation and prosecution of these important cases. In 2020, the DA’s Office created the Domestic Violence Acute Response Team (DV ART). This team of two prosecutors and an investigator possesses specialized skills, training and experience, as well as the use of best practices to more effectively address victim safety and offender accountability.
DV ART’s approach is unique in Colorado and has already produced measured success. Since its inception in late 2020, DV ART has implemented its acute response strategy on 896 misdemeanor and 493 felony domestic violence cases. DV ART has also partnered with the law enforcement agencies in Boulder County and several community-based victim resource providers to enhance victim safety.
DV ART’s primary focus is on immediate contact with domestic violence victims to ascertain information about the victim and offender beyond what is reported to police and to build trust with the victim for assisting them with the criminal prosecution. DV ART seeks to learn about unreported violence, threats, access to firearms and other coercive/controlling behavior. Those factors enable prosecutors to more effectively assess and respond to lethality risk factors and offender dangerousness. The early collection of more comprehensive information strengthens criminal cases, thereby increasing the likelihood of appropriate offender accountability. The DV ART team’s immediate contact with a victim enables them to connect victims with community service partners to provide victims with critical support and resources.
Driver's License Diversion Program
The District Attorney’s Office recently developed a Driver’s License Diversion Program. This progressive and innovative program is designed to ensure drivers take immediate steps to properly address issues with their license and insurance, while reducing the criminal justice footprint in their lives. Individuals who accept responsibility and provide proof of a valid license, insurance policy, and registration will have their cases dismissed. This will apply to both Boulder and Longmont cases.
In years past, these cases would linger in the criminal justice system, causing individuals to have to return to court on multiple occasions while possibly continuing to drive illegally. The additional fines and fees for individuals charged with these offenses perpetuates the challenge for unlicensed drivers, particularly for the low-income members of our community. It is in the best interest of all drivers to ensure that other drivers on the road are both licensed and insured.
Through the Driver’s License Diversion Program, our office identifies certain low-level charges for the Driver’s License Diversion Program. Individuals must have been eligible for their license at the time of the offense or within 30 days to be eligible for diversion. Cases involving accidents or crashes are not eligible. Eligible cases will be identified as soon as the DA’s Office receives a summons and a designated member of the DA’s Office contacts eligible individuals to expedite the process and enroll them in the program. For those who are unable to successfully complete diversion, they are referred back to court for mandatory court appearance and to resolve their case. This diversion program will increase the efficiency in resolving these cases and help people get their licenses back faster. Since the program’s inception in 2021, nearly 1400 traffic cases have been identified for participation in this program and diverted from traditional prosecution methods.
Traffic Safety Program
The newly launched Boulder District Attorney’s Traffic Safety Program addresses speeding and other dangerous driving behavior through education, accountability, and awareness-raising to increase safety and prevent future offenses. This program targets these behaviors because speeding is a major cause of the drastic increase in fatal and major injury traffic crashes in our community. The Traffic Safety Program offers point reductions for eligible defendants who successfully complete program requirements. Requirements include traffic safety education, restorative conversations, and/or community service.
Victim Resource Center
The District Attorney’s Office is committed to creating and developing a Victim Resource Center in Boulder County. A Victim Resource Center is a multiagency, multidisciplinary service center in one location where all relevant public and private agencies assign staff members on a full-time or part-time basis to provide services to victims of gender-based violence, elder abuse, domestic violence, child abuse and sexual violence, as well as to provide support and similar resources to their families.
Gun Initiative
The District Attorney’s Office continues to prioritize gun violence prevention and response. Gun Violence prevention efforts include actively supporting legislation locally and at the state and federal levels. The District Attorney’s Office partners with local non-profits, hospitals, gun violence prevention advocates, and faith-based organizations for community engagement, safety, and education events including gun safe and lock giveaways and turn-in events. These efforts will expand over the next year, including additional town halls and public events. The District Attorney’s Office has published educational materials on safe storage laws and other topics and assists law enforcement on Extreme Risk Protection Order (ERPO) legal issues. The office also prioritizes responding to and seeking justice in cases that involve gun violence or threats of gun violence. Our prosecutors, investigators, victim advocate, administrators, and even our Facility Service Dog, Buck, have worked tirelessly to support our community through far too many tragedies. We have far too many instances of gun violence in our community and are committed to working to reduce the occurrences, to advocate for and to enforce gun safety measures, and to continuing to zealously prosecute cases of gun violence.
Data Collection and Transparency
Through a limited grant opportunity in 2021, the District Attorney’s Office hired a Data Analyst to perform work that was specific to criminal justice records, data collection, and data compilation. The Data Analyst worked collaboratively with other criminal justice agencies to compile data related to criminal justice offenses, charges, bonds, court appearance compliance and recidivism rates for 2019 and 2020. In 2021, the office joined other district attorney offices around the state in participating with Prosecutor Performance Indicator (PPI) and the Colorado Action Lab at the University of Denver to review and enhance data collection and increase transparency through the creation of a data dashboard. The Data Dashboard was launched in September of 2022. Our office will continue to work, compile, and share important data collections with stakeholders and the general public.