Colorado Criminal Cases: Timeline and Process

It’s easy to feel anxious and overwhelmed when you’re caught up in the process of an arrest in Colorado and the possibility of prosecution. Fortunately, our nation has robust protections for those accused of crimes, including the right to a strong legal defense.

Understanding Colorado’s criminal justice process and the timeline of what you can expect in your case helps you to prepare for what’s ahead if you’re under investigation or have already been arrested.

Understanding Arrest In Colorado

Police officers may only make arrests if they have “probable cause.” This means they must have witnessed you committing the offense or their investigation has turned up enough compelling evidence for a judge to issue the arrest warrant. During an arrest in Colorado, the police may search you through a pat-down and handcuff you. It’s important to note that they don’t have to read you your Miranda rights unless or until they begin questioning you.

The Colorado Bail Process 

Shortly after your booking or within 48 hours (under Colorado law), you’ll have a bail and advisement hearing during which the judge who issued the warrant advises you of the charges against you and informs you of your right to a public defender if you don’t yet have a defense attorney. Either during this or a second hearing within 48 hours, the judge sets your bail and issues a date for your next court appearance.

In some cases, the state prosecutor may argue against bail—particularly for violent crimes or if you have a history of failing to appear in court. If the judge agrees to deny bail, you must remain in custody. Otherwise, a judge considers your community ties, your resources, and your employment before determining bail.

What to Expect at Your Arraignment

The next appearance you’ll make is at your arraignment, where you’re officially charged with the alleged crime. At this time, the judge will assign a public defender to your case if you haven’t already hired a defense attorney. In some cases, the prosecutor may offer an early plea deal at this hearing. It’s best to speak to your attorney about the merits of accepting a plea deal at this stage of the criminal justice process.

The Discovery Period

During the discovery and Pre-trial motion period of the process, your defense attorney and the prosecution disclose all information they’ve gathered in the case so your attorney can evaluate the strength of the case against you and give accurate advice about whether or not you should accept a plea deal. The information they gather also helps them to strategize the best possible defense. There may be pre-trial conferences between your attorney and the prosecutor to discuss possible plea deals.

During discovery, both sides exchange information such as:

• Police reports and witness statements.
• Physical evidence and forensic reports.
• Expert witness testimony (if applicable).
• Any prior statements made by the defendant.

If the state has a strong enough case against you, your attorney may advise you to take a plea deal requiring you to plead guilty to a lesser charge. If the prosecutor’s case is weak, the attorney could seek a dismissal by arguing that the prosecution would likely lose at trial.

The Disposition Hearing

This is typically a brief hearing before the judge where you may change your plea to guilty on a lesser charge if you’ve agreed under your attorney’s advice to accept a plea deal.

The Trial Begins

If you didn’t accept a plea deal, the case eventually proceeds to your trial. If the crime is a misdemeanor offense, the trial takes place in county court. Felony crimes are tried in District Court. The trial process begins with jury selection unless you’ve waived your right to a jury trial in favor of a bench trial where a judge decides the outcome without a jury present.

The outcome of the trial could be a verdict of not guilty on all charges, a full conviction, or a conviction on only part of the charges, depending on the circumstances and the decisions of the judge or jury. If a jury cannot reach a verdict, it’s declared a mistrial and the prosecution may choose a retrial.

If found guilty, the trial concludes with a sentencing by the judge. Your sentence depends on minimal sentencing requirements for the offense, your criminal history, and recommended sentencing. After sentencing, you and your attorney may choose to proceed with an appeal while you are serving your sentence.