Frequently Asked Questions
I have questions about a small claims case. Who can help me?
The District Attorney cannot help you. Please contact: Small Claims Court (719) 329-7079 or (719) 329-7083
I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the District Attorney's Office?
In most cases, crimes must be reported to the police department or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. If the crime was committed in an unincorporated area of El Paso County, the crime should be reported to the Sheriff. There are, however, certain exceptions. Complaints involving misconduct by public officials or election law violations may be reported in writing to the District Attorney's Investigations Division. Note, however, that reports of misconduct on the part of law enforcement officers should first be reported to the internal affairs section or professional standards section of the law enforcement agency with which the officer is employed.
I need child support. Can you help me?
Child Support is no longer a part of the District Attorney's Office. To get information and help regarding Child Support matters, you can call (719) 457-6331.
I am a victim in a criminal case and I want to drop the charges. Can I do that?
The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed. If you would like to discuss your case, you should speak with the prosecutor, in court, on the next scheduled court appearance date.
I think I have been cheated by a [contractor, tradesman, shopkeeper, other person] who provides labor or services. Can the DA's Office help me?
The DA's Economic Crimes Division may be able to help, or they may refer you to an agency that can help you. You should send your complaint in writing to: Fourth Judicial District Attorney, Economic Crimes Division, 105 E. Vermijo Colorado Springs, CO 80903, Phone: (719) 520-6002.
I want a divorce. [Or, I want to sue someone. Or, I want to adopt a child.] Can the DA's Office help me?
No. The District Attorney's Office cannot provide legal advice or take legal action in such matters. You should consult with your lawyer. If you do not have a lawyer, you can call the El Paso County Bar Association. The phone number is (719) 473-9700.
Where should I go to get legal advice on personal matters?
You should contact a private attorney.
Can I talk to Mr. May? I think he's the person who is working on my case.
Mr. May is the elected District Attorney of El Paso and Teller Counties and, as such, his name appears on most court documents and office correspondence just above the name of the prosecutor who prepared the document. Therefore, the person who is working on your case is most likely the person who actually signed the court document or DA's Office correspondence. On subpoenas, the actual prosecutor's name is listed on the document itself.
Why am I a witness? I didn't see the crime occur.
Witnesses are not limited to “eye witnesses”. You may have seen the crime happen or may know something about it. You may also know something about a piece of evidence, or may know something that contradicts another witness' testimony. If you wonder “why” you are testifying in a particular case, ask the prosecutor handling it; there is probably a common-sense reason.
As a witness do I have to talk in front of the defendant in court?
The defendant must be present in court to hear what all the witnesses say about him. The lawyer for the defendant is called the defense attorney and will ask you questions after the prosecutor does.
How long will I be at court as a witness?
Your court room time, while actually testifying, may not take long, but it depends upon many factors. Most of the time you will just be waiting for your turn to testify. You and your family and friends are encouraged to bring a book or magazine to read while you wait.
What if I can't attend court as a witness on the date stated in the subpoena?
If you have a date conflict, you should contact the Deputy District Attorney immediately to discuss your conflict. In some cases, the prosecutor handling the case can put you “on call” (so that you can go to work or school on the day you are subpoenaed, and you will be called at a pre-arranged phone number an hour or so before you are needed in court).