At Path Forward Legal, we often get phone calls from people asking: “I want to press charges against someone—how do I do that?” It’s an understandable question, especially if you’ve been harmed, harassed, or threatened. But here’s the important truth: in Colorado, a private person cannot file a criminal charge against someone else.
Who Decides Whether Charges Are Filed?
In the United States, criminal charges are handled by the government—not individuals. Here’s how it works in Colorado:
- Law enforcement investigates: If you report a crime, the police may take a statement, collect evidence, and open an investigation. In some circumstances, they may charge someone with a crime through a summons or ticket.
- The District Attorney (DA) decides on charges: After reviewing the evidence, the DA—not the victim—makes the decision whether to file or maintain criminal charges. Even if you want charges filed, the DA might decide not to move forward. On the flip side, if you want to drop charges later, the DA can still proceed.
That means you cannot “press charges” in the way TV shows or some cops make it seem. Instead, your role is as a witness or victim providing information to law enforcement.
What Are Your Options If You’ve Been Harmed or Threatened?
Just because you can’t file a criminal case yourself doesn’t mean you have no options. Depending on the situation, you may have several legal paths to consider:
1. Call the Police
If you believe your safety is at risk or you’ve been the victim of a crime, you should contact local law enforcement right away. They can respond to the immediate situation, write a report, and, if appropriate, begin an investigation or criminal case.
Sometimes police may ask a person if they would like to file criminal charges. They ask your opinion, but they do not have to follow your wishes. A good example is when there are domestic violence allegations: police have to arrest someone even if the victim does not want charges filed. The reverse is true: just because you want charges filed, that does not mean police have to take action.
2. File for a Civil Restraining Order
For the most part, criminal charges are brought to punish past conduct. If you’re worried about someone’s future actions, a civil restraining order may help. If someone is threatening, harassing, or abusing you, you can go to court and request a civil protection order (commonly called a restraining order). This is separate from a criminal case and doesn’t require the DA or police to get involved.
A restraining order can limit contact, keep someone away from your home or workplace, and create serious legal consequences if violated. There are temporary and permanent restraining orders, and the requirements for each are different.
3. Consult a Civil Attorney
If you’ve been harmed financially, emotionally, or physically, you may also have civil legal remedies. A civil lawsuit is brought by you (or through an attorney on your behalf) against the other person. Most often, it seeks damages from past conduct. This process is separate from criminal law, and you control whether or not to pursue it.
Why This Distinction Matters
It can feel frustrating to learn that you cannot directly press charges. But understanding the system helps you take the most effective action. Criminal law is about punishing violations against the state; civil law is about protecting your personal rights and interests. Depending on your situation, you may need to involve law enforcement, seek court protection, or hire a civil lawyer—or sometimes all three.
At Path Forward Legal, our attorneys focus on defending people accused of crimes in Colorado. If you’re calling because you want to press charges against someone, we may not be the right fit for your situation. However, we hope this information points you toward the right next steps to keep yourself safe and protect your rights.
For questions about criminal defense, you can request a free consultation online or call us at (303) 535-5820.
