Legal

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.

For more information regarding Municipal Court and its procedures, please contact the Court at (719) 589-2272 or click here to visit the City of Alamosa Municipal Court website.

Frequently Asked Questions:

Can I reschedule my court date?

The Prosecutor cannot change your court date, although the Prosecutor 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?

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.

Erich Schwiesow - City Attorney

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