The criminal court process in Colorado usually begins with an arrest, followed by an arraignment, pretrial conferences, plea negotiations, possibly a jury trial, and sentencing. After the trial, a criminal case can be subject to post-trial motions and appeals.
Most criminal cases end with a plea bargain. This way you avoid the time and uncertainty of trial, which can drag out the criminal court process to several months or longer.
The following flowchart summarizes how cases proceed through the courts.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. The Arrest
- 2. Bail
- 3. The Arraignment
- 4. Pretrial Conferences
- 5. Plea Deals
- 6. The Trial
- 7. After the Trial
- Additional Resources
1. The Arrest
To arrest you, police must have probable cause to believe you committed a crime. This can happen after the police witness you breaking the law or after the court issues an arrest warrant based on a police investigation.
During an arrest, you will likely be searched, patted down, handcuffed, and put in the back of a police car. However, the police do not have to read your Miranda warnings unless they begin interrogating you (called “custodial interrogation”).
Finally, you may be taken to jail and booked on criminal charges. This involves taking a mug shot, providing fingerprints, submitting to a full body search, and having your personal property catalogued.1
2. Bail
Following your booking, the judge may agree to release you on bail. Factors judges consider when determining whether to grant bail include:
- Your ties to the community,
- Your previous record of not appearing for court,
- Your financial resources,
- Your employment status,
- The severity of the crime charged and length of the possible sentence, and
- Whether you pose a public safety risk or a flight risk.
You get the bail money back when the case is over. Though if you cannot afford to post bail, you can hire a bail bondman at 15% of the bail amount. Then when the case ends, the bail money is returned to the bondsman.
The important thing is never to miss a court appearance. If you do, not only will a bench warrant be issued for your arrest, but also the court could forfeit your bail money forever. If you used a bail bondsman, they could then go after your assets to get repaid.2
Most defendants enter an initial not guilty plea at the arraignment.
3. The Arraignment
Your first official court date after an arrest is your arraignment to be formally charged. If you cannot afford an attorney, the judge will assign you a public defender.
The prosecution may or may not offer you an early plea deal. If you take it, you would plea guilty (or no contest), and the judge would sentence you. Otherwise, you would plead not guilty, and the case would proceed to the pretrial phase.
Arraignments rarely last more than a few minutes.
4. Pretrial Conferences
After the arraignment, your attorney gets access to the records available in your case, including police reports and other evidence. This helps your attorney evaluate the strengths and weaknesses of the state’s case against you.
Pretrial conferences are a time when your attorney and the prosecutor negotiate a possible plea bargain. This may involve dropping some criminal charges in exchange for pleading guilty to lesser charges.
Note that if you are charged with a felony, you are entitled to a preliminary hearing. This is simply where the D.A. has to show the judge there is sufficient probable cause to prosecute you. Prelims are hard to win, but they are a good opportunity to test the strength of the state’s case.
5. Plea Deals
Whether or not you should accept a plea agreement is ultimately up to you.
If the state has a strong case against you, it may be worth taking a deal that allows you to plead to a lesser charge. Anytime the state agrees to reduce a felony to a misdemeanor is always a victory since misdemeanors have fewer penalties and long-term effects.
Sometimes the D.A. knows they have a weak case but are putting on a front. This is where it is vital to have experienced legal counsel fighting for you. If your attorney can show prosecutors that they would lose at trial, they may even agree to drop your charges.
The court appearance where you tell the judge whether or not you are taking a plea is called a disposition hearing,
Most criminal cases resolve through a plea deal, not a trial.
6. The Trial
If your criminal case does not resolve with a plea deal, it proceeds to trial. You usually get the choice between a bench trial (where the judge decides a verdict) or a jury trial, where the jury decides the verdict.
The trial begins with pretrial motions, where the D.A. and defense attorney ask the judge to admit or suppress certain pieces of evidence. Afterwards, the parties move on to jury selection.
Each side has the option to dismiss jurors either:
- “for cause” such as bias, or
- through “peremptory challenges” for no given reason at all.
After jury selection, each side gives their opening arguments. Then each side submits evidence and calls witnesses, which may include expert witnesses. Finally both sides give a closing argument.
At that point the jury deliberates whether the D.A. proved your guilt beyond a reasonable doubt. If not, your case is dismissed. If so, the case moves on to sentencing.3
7. After the Trial
After the trial is over, the court schedules a sentencing hearing. Your sentence can be based on:
- mandatory minimum penalties,
- recommended sentences,
- your criminal record, and
- mitigating or aggravating factors.
If you wish to fight your conviction or sentence, you have various options such as asking for a new trial and appealing to a higher court.
Additional Resources
For more information, refer to the following:
- How Criminal Cases Work – Explanation by the Denver, Colorado District Attorney.
- Criminal Court Self-Help Forms – Provided by the Colorado Judicial Branch.
- Colorado Rules of Criminal Procedure – Rules that apply to all criminal cases in Colorado.
- Colorado Criminal Code: Title 18 of the C.R.S. – The principal body of laws defining and governing federal criminal offenses for Colorado.
- Steps in the Federal Criminal Process – Overview by the Offices of the United States Attorneys.
Legal References
- CRS 16-7-201 et seq.
- CRS 16-4-101 et seq; see also People v. Neuhaus, (2012) CO 65, 289 P.3d 19; see also People v. Adargo, (Colo. App. 1980) 622 P.2d 593.
- CRS 16-7-101 et seq.