Advisement Hearings in Colorado Criminal Court

An advisement hearing in Colorado criminal court is the first time the accused is brought before a judge after an arrest. This is also sometimes referred to as an “appearance on bond hearing.”

1. During the 1st advisement hearing, the judge will tell the accused what crimes he or she is being investigated for and will set bond.
2. During the 2nd advisement hearing, the judge will tell the accused what crimes he or she has been charged with having committed.

The advisement hearing is primarily to let the accused know about the criminal charges the prosecutor will plan to prosecute in court. The accused does not have to plead guilty or not guilty during the advisement, that is part of the arraignment.

The judge may also ask whether the accused has a lawyer, plans to hire one, or needs a lawyer appointed by the state.

During the advisement, the accused may also be able to request a lower bond or inquire about having to request a bond hearing.

In this article, our Colorado criminal defense lawyers will address the following key topics:

• 1. Advisement Hearings
• 2. Arraignments
• 3. Right to an Attorney
• 4. Bond
• 5. After the Hearing
• Additional Resources

1. Advisement Hearings

An advisement hearing is usually your first court appearance in the Colorado criminal court process. This is where the judge may:

• advise the accused of what crimes he or she is suspected of committing,
• advise the accused of the charges the district attorney (DA) plans to prosecute,
• ask if the accused has an attorney, and
• set bond for the accused.

Advisement hearings may vary by county. A suspect may appear for one or two advisement hearings, and an advisement hearing may be combined with a bond hearing.

An “advisement hearing” and “arraignment” are not the same thing. The advisement hearing is to tell the suspect about the investigation or possible charges. The arraignment is when the suspect enters a plea.

First Advisement Hearing

Depending on the county, the 1st advisement hearing will be the first court appearance after an arrest. This generally takes place shortly after arrest, usually the next business day, although it could occur on a weekend.

When the accused appears before the judge, the judge will advise the accused that they are under investigation on suspicion of committing a crime. An investigation typically indicates that the prosecutor has not yet filed charges and is deciding whether to do so or not.

The judge will set bond during the advisement hearing in Colorado, except for homicide investigations.

The judge may also advise the accused of their rights and ask whether the accused has an attorney, plans to hire a lawyer, or needs to have a public defender appointed. Before the accused can get a public defender, they have to meet certain income-level requirements.

Second Advisement Hearing

The 2nd advisement hearing is a step further than the 1st advisement, where the judge tells the accused of the formal criminal charges. During the 2nd advisement hearing, the judge informs the accused of the criminal charges the prosecutor will bring.

The formal charges provide the accused and their attorney with the basis for the plea the defendant intends to enter during the arraignment.

At the 2nd advisement hearing, the defendant may also request a bond reduction. The judge may be able to lower the bond during the advisement hearing or through a later bond hearing. In some cases, the advisement hearing may be combined with a bond hearing.

2. Arraignments

An advisement hearing and an arraignment are not the same thing. Some people use these terms interchangeably, but they have different purposes. An advisement hearing involves the judge advising the accused of the criminal investigation or charges. An arraignment is a court proceeding where the accused must respond to the state’s charges.¹

During the arraignment, the DA will present a criminal complaint against the defendant. The criminal complaint includes all the criminal charges against the defendant. The defendant may have the chance to respond to the charges by entering a plea of:

• Guilty, or
• Not guilty.

An arraignment may also give the DA and criminal defense attorney the chance to negotiate a possible plea bargain. The plea bargain process is a negotiation between the prosecutor and the defendant. The DA may initially offer a “bad deal,” hoping the defendant will accept it because they are threatened with maximum penalties.

3. Right to an Attorney

If the accused does not have a lawyer, the judge may advise the accused of his or her rights during the advisement. This includes the right to an attorney. If the defendant cannot afford an attorney, one will be appointed.

However, not everyone automatically gets a free lawyer. A public defender is generally reserved for those who meet certain income levels.

If the accused has an attorney, the attorney may appear at the advisement hearing. This will give the defense lawyer the initial tools necessary to begin investigating the case. The sooner the lawyer begins working on the case, the more options the defendant may have to contest the criminal charges.

Early involvement may also give the Colorado criminal defense attorney a chance to see which judge will be assigned to the case and who the prosecutor may be. This may give the attorney an idea of how the case will be handled and what kinds of arguments the prosecutor is likely to focus on.

Should I have an attorney present?

You may not need a lawyer during your advisement hearing. However, it can be critical to your case to have a lawyer for the arraignment. Do not plead guilty to criminal charges without understanding the consequences and what rights you may be giving up. Talk to your Colorado criminal defense attorney as soon as possible after an arrest.

Will I be given a lawyer at my advisement hearing?

Suspects are not automatically given a public defender to represent them in criminal court. The right to have an attorney if you cannot afford one requires meeting specific income level requirements in Colorado.

Even if you meet the requirements for a public defender, the public defender may not be assigned to your case until after the advisement hearing.

To get a public defender in Colorado, you have to meet specific income limits or meet expenses-to-income limits. This includes reporting all income sources, monthly expenses, and total household assets. Whether you meet the limits for a public defender in Colorado will also depend on the class of criminal charges.

4. Bond

Bond is a type of security to ensure the defendant will appear for future court dates. Bail may be posted for a defendant’s release from custody either through money, secured property, or a bail bond company.²

The amount of bail will depend on a number of factors, including:

• The seriousness of criminal charges and sentencing,
• Defendant’s criminal record,
• Prior missed court dates,
• Employment status and employment history,
• The extent of family relationships,
• Past and current residences, and
• Any other factors indicating the defendant may violate the law or flee the jurisdiction.³

When the defendant or the defendant’s family cannot afford the full bond amount, they may have to turn to a bail bond company. A bail bond company typically charges a fee, ranging from 10% to 15% of the bail amount, and posts collateral to guarantee the bail amount if the defendant fails to appear in court.

Reducing Bond

You may be able to request that your bail be reduced or eliminated through a bond hearing. A bond hearing may be separate or combined with the 2nd arraignment.

During a bail hearing or bond hearing, the defense attorney may argue for a bail reduction. The defense attorney can also request that the defendant be released on his or her own recognizance. An unsecured personal recognizance bond does not require putting up money or a security and is a promise that the defendant will appear for court hearings. ⁴

To reduce bond or bail, the defense attorney may present evidence or testimony to show the defendant is likely to appear for all scheduled court appearances and will not leave the jurisdiction. This may include statements or documents showing the defendant’s:

• Employment history,
• Family history,
• Caring for a sick family member,
• No ties to other states or communities,
• The defendant’s character,
• Involvement in the community, or
• The defendant’s statements and promises.⁵

5. After the Hearing

After the advisement hearing, the next part of the criminal court process may be the preliminary hearing or the arraignment. Not all cases have a preliminary hearing. This is generally limited to serious felonies or felonies where the defendant is in jail.

At a preliminary hearing, the DA may present some evidence to support the criminal charges against the defendant. This may not include all the evidence against the accused, and some of the evidence may be challenged later to be kept out of court. This is only to support the prosecutor’s position that it is more likely than not that the defendant is guilty of the charges.

After an advisement hearing, the prosecutor and the defendant may also continue the plea bargain process. The stronger the defendant’s case, the less likely he or she may want to accept a plea deal. Talk to your Colorado criminal defense attorney about the strength of your case and whether you may want to take a plea deal or fight the charges.

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.

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