Bio image Erich Schwiesow, City Attorney

City Attorney

Erich Schwiesow
For Inquiries: Legal Assistant
Desiree Cortez
The mission of the Office of the City Attorney is to provide the highest quality legal advice to the City of Alamosa, acting through its various elected officials, departments, appointees, and employees, and to prosecute cases in municipal court.
 
The City Attorney has an ethical obligation to exercise independent professional judgment and give consistent, objective legal advice to all representatives of the City of Alamosa. Erich Schwiesow  has served as the City Attorney for Alamosa since 2007.

The City Attorney

The City Attorney is responsible for the general legal affairs of the City. The City Attorney, along with special counsel as may be required in any particular situation, represents the City in lawsuits involving the City. The City Attorney provides legal advice to the City Council, the City Manager, the City’s boards and commissions, the City department heads, and other key City Staff regarding the legal implications of contemplated policy and administrative decisions. The City Attorney prepares and reviews various ordinances, contracts, and other legal documents. The City Attorney also prosecutes violations of City ordinances in municipal court, in his role as the City Prosecutor.

The City Attorney’s Office advises and represents the departments and officials of the City of Alamosa. As such, our office does not give legal advice or services to individual citizens. If you are seeking information about your legal rights you should contact a private attorney.

Municipal Prosecutor

The City Prosecutor is the legal counsel representing the City of Alamosa in matters involving violations of the Code of Ordinances of the City of Alamosa. If you are summoned into court for a traffic or misdemeanor violation, you may speak to the city prosecutor regarding your case. You always have the right to take your case to a trial. If a case proceeds to trial, it is the city prosecutor who prosecutes the case on behalf of the City of Alamosa. If you plead guilty, no contest, or are convicted, the city prosecutor is given the responsibility of reviewing your past history (either criminal or traffic) and determining the penalty that is recommended to the judge. The prosecutor has the right to offer or not offer a reduction in the original charges based on the circumstances of the case and your past history, called a plea bargain. You may consider accepting a plea bargain, if offered, in lieu of taking your case to trial.. The City Prosecutor is a division of the City Attorney’s Office (really, another hat the City Attorney wears). This division is responsible for the prosecution of all City Code violations in Municipal Court. Although there is no formal division between the two operations, references to the “City Attorney” have come to mean the civil portion of the work of the City Attorney’s Office, while references to the “City Prosecutor” have come to mean the criminal prosecution portion of the work of the City Attorney’s Office.

CRP Diversion Program

Deferred Sentence

Restitution

RMS (Useful Public Service)

Model Traffic Code

Restorative Justice Diversion is an alternative to court

It is a voluntary process for “making things right” with those who have been affected by your ordinance violation. It involves one or more meetings or group sessions, depending on your offense.

Benefits of Restorative Justice

  • Be part of deciding consequences for your behavior
  • Own up to what you did, and take care of it directly with those harmed
  • Repair relationships
  • Avoid court record if you successfully complete the diversion process
  • Costs are typically less than court
To participate in this voluntary program, call Center for Restorative Programs (CRP) at 719-589-5255
You may also visit the CRP Office at 716 Main Street, Alamosa, CO 81101

An appointment will be set to discuss program details and costs, and to determine your eligibility for Diversion.

 
Why choose a restorative justice approach?

“I fixed the harm I created and got a second chance.”
“It helped me realize how serious my behavior could have been.”
“We actually get along now.”

If you do NOT contact Center for Restorative Programs within ten (10) days, YOU MUST APPEAR AT COURT IMMEDIATELY UPON THE NEXT BUSINESS DAY AFTER THE 10TH DAY HAS PASSED TO CONTACT CRP OR A WARRANT MAY BE ISSUED.

If you choose to go to court, you may be sentenced with fines, costs and other requirements.

You may be eligible to receive an agreement for a deferred sentence, unless you are currently on a deferred, have had a deferred within the last three years or have criminal violations or traffic violations with significant point assessments on your record within three years. If you hold a CDL and have a traffic violation, you are not eligible for a deferred. If you are interested in a deferred, contact Desiree Cortez, Legal Assistant, to start the process. 

    If the deferred sentence agreement is granted, and is approved by the judge, you will pay a fee to the Court (fine + costs), be required to take a defensive driving class (if a traffic violation, and at your own expense) and have no violations of the law, including traffic violations of more than 4 points, during the deferment, which is for a period of one year. The conviction, and points, will not be reported to the State as long as you complete the conditions of the deferred. After the successful completion of a deferred, the case will be dismissed.

Restitution means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, money advanced by law enforcement agencies, and other losses or injuries proximately caused by an offender's conduct and that can be reasonably calculated and recompensed in money.

"Restitution" does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.

Restitution Request Form

Our office will mail you a form requesting a summary of out of pocket expenses incurred as a result of the crime in which you were a victim. If you did not receive a form and your case has either gone to trial or the accused has pled guilty or no contest and you believe you are owed restitution, please contact us as soon as possible.  Restitution must be requested within 91 days from the date of conviction.  Please save all bills and receipts because we may need to show the court a complete record of your expenses. There is no guarantee you will receive restitution. The city is not responsible for providing restitution. If restitution is ordered by the court, it is provided by the defendant in your case. If you have any questions, please do not hesitate to call the City Prosecutor’s administrator at 719-587-2509.

If you have questions arranging useful public service, please contact the Municipal Court There are two ways to perform useful public service.
  1. You may make arrangements through RMS (correct name, contact information, web link). There is a fee associated with registering with RMS to offset administrative costs.
  2. If indigent, you may complete an application for determination of indigency. There is sometimes grant money available to cover the RMS fee.  Otherwise, useful public service may be performed through the City’s cleanup program at St. Benedict’s Campground.
 

Frequently Asked Questions

Can I reschedule my court date?

The Prosecutor cannot change your court date. You can file a motion to continue a court date. Please call the court at 719-589-2272.

I am a witness in a case. What do I do?

Subpoenas for prosecution witnesses are issued through the City Prosecutors office. If you received a subpoena signed by the Prosecutor, please contact our office if you have any concerns or questions. You may also receive a subpoena issued by the City Clerk on behalf of a defendant.  It should have the defendant’s contact information.  If you have any questions about a defense subpoena, please contact the Court Clerks at 719-589-2272.

I am a victim. How do I request restitution?

Restitution Request Form

Our office will mail you a form requesting a summary of out of pocket expenses incurred as a result of the crime in which you were a victim. If you did not receive a form and your case has either gone to trial or the accused has pled guilty or no contest and you believe you are owed restitution, please contact us as soon as possible.  Restitution must be requested within 91 days from the date of conviction.  Please save all bills and receipts because we may need to show the court a complete record of your expenses. There is no guarantee you will receive restitution. The city is not responsible for providing restitution. If restitution is ordered by the court, it is provided by the defendant in your case. If you have any questions, please do not hesitate to call the City Prosecutor’s administrator at 719-587-2509.

How can I contest my case?

After you have seen a judge and been informed of your rights and charge(s), you may request to speak with the City Prosecutor. The City Prosecutor will meet with you to talk about the city’s position on your case. There is no guarantee your charges will be dropped. Your opportunity to contest your case is at a trial.

What is Diversion?

RJ Diversion is an alternative to court. It is a voluntary process for “making things right” with those who have been affected by your ordinance violation. It involves one or more meetings or group sessions, depending on your offense.

Additional information found above

What is a Deferred Sentence & Can I Get It?

You may be eligible to receive an agreement for a deferred sentence, unless you are currently on a deferred, have had a deferred within the last three years or have criminal violations or traffic violations with significant point assessments on your record within three years. If you hold a CDL and have a traffic violation, you are not eligible for a deferred. If you are interested in a deferred, contact Desiree Cortez, City of Alamosa Legal Assistant, to start the process. 

    If the deferred sentence agreement is granted, and is approved by the judge, you will pay a fee to the Court (fine + costs), be required to take a defensive driving class (if a traffic violation, and at your own expense) and have no violations of the law, including traffic violations of more than 4 points, during the deferment, which is for a period of one year. The conviction, and points, will not be reported to the State as long as you complete the conditions of the deferred. After the successful completion of a deferred, the case will be dismissed.

How Do I Perform Useful Public Service

There are two ways to perform useful public service.

  1. You may make arrangements through RMS (correct name, contact information, web link). There is a fee associated with registering with RMS to offset administrative costs.
  2. If indigent, you may complete an application for determination of indigency. There is sometimes grant money available to cover the RMS fee.  Otherwise, useful public service may be performed through the City’s cleanup program at St. Benedict’s Campground.

If you have questions arranging useful public service, please contact the Municipal Court

 

Additional information found above

Contact Erich Schwiesow

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