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Colorado Criminal Court Process

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Helping You Navigate the Colorado Criminal Justice System

Being accused of a crime in Colorado can feel overwhelming. Clients often ask: What happens next? Will I go to jail? How long will the process take?

The truth is that the criminal court process is complex and intimidating. From the moment of arrest until the final resolution, each step carries risks and opportunities. Having an experienced criminal defense attorney can mean the difference between jail time and freedom, between a permanent record and a dismissed charge.

At The Lawrence Law Firm, we guide clients through the Colorado criminal court process every day. Below is an overview of what to expect, and how we protect your rights at every stage.

The Stages of the Colorado Criminal Court Process

While every case is unique, most criminal cases in Colorado follow a similar path:

  1. Arrest or Summons

  2. Advisement (First Appearance)

  3. Filing of Charges

  4. Preliminary Hearing (for felonies)

  5. Arraignment

  6. Pretrial Conferences and Motions

  7. Trial

  8. Sentencing

  9. Appeals and Post-Conviction Relief

Let’s break these down in detail.

Step 1: Arrest or Summons

The process usually begins with an arrest. Police may take you into custody if they believe they have probable cause that you committed a crime.

  • In serious cases, you may be booked into jail and must post bond to be released.

  • In lower-level cases, you may simply receive a summons requiring you to appear in court on a future date.

From the moment of arrest, it is critical to exercise your right to remain silent and contact an attorney immediately. Anything you say can be used against you.

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Step 2: Advisement (First Court Appearance)

The first court hearing is called the Advisement or First Appearance. At this stage, the judge will:

  • Inform you of the charges filed.

  • Advise you of your constitutional rights.

  • Consider bail or bond conditions.

  • Schedule upcoming court dates.

This is not a trial, but it sets the tone for your case. Having a defense attorney ensures you do not make mistakes or agree to unnecessary restrictions.

Step 3: Filing of Charges

Prosecutors, not police, decide what charges to pursue. After reviewing the evidence, the District Attorney formally files charges. These may differ from the original arrest charges and can be more serious or less severe depending on the facts.

Step 4: Preliminary Hearing (Felony Cases Only)

If you are facing felony charges, you typically have the right to a preliminary hearing. This is like a “mini-trial” where the prosecution must show enough evidence to justify moving forward.

At this stage, your attorney can:

  • Cross-examine witnesses.

  • Challenge weak evidence.

  • Argue that charges should be reduced or dismissed.

If the judge finds no probable cause, the case can end here.

Step 5: Arraignment

The arraignment is where you formally enter a plea:

  • Not Guilty – Your case proceeds to trial.

  • Guilty – The case moves directly to sentencing.

  • No Contest – You do not admit guilt, but accept conviction and sentencing.

Many cases are resolved before arraignment through plea agreements or dismissals, but an attorney’s guidance is key.

Step 6: Pretrial Conferences and Motions

This is one of the most important phases of the court process.

  • Discovery: The prosecution must provide all evidence, including police reports, video, lab results, and witness statements.

  • Pretrial Conferences: Your attorney meets with the prosecutor to discuss possible resolutions. Many cases are negotiated at this stage.

  • Motions: Your attorney may file motions to suppress evidence (if illegally obtained), dismiss charges, or limit what evidence the jury can hear.

Strong advocacy here can lead to reduced charges, diversion programs, or even dismissal.

Step 7: Trial

If your case cannot be resolved, it goes to trial. You may have the right to a jury trial or a bench trial (before a judge only).

At trial:

  • The prosecution must prove guilt beyond a reasonable doubt.

  • Your defense attorney can challenge evidence, cross-examine witnesses, and present your side of the story.

  • You have the right to remain silent or to testify in your own defense.

If the jury returns a not guilty verdict, you are acquitted and free to go.

Step 8: Sentencing

If you plead guilty or are convicted at trial, the case moves to sentencing. Colorado sentencing depends on:

  • The severity of the charge (felony vs. misdemeanor).

  • Aggravating factors such as prior convictions or violent conduct.

  • Mitigating factors such as cooperation, lack of record, or personal circumstances.

Possible penalties include:

  • Jail or prison time.

  • Probation with strict conditions.

  • Community service.

  • Fines and restitution.

  • Treatment or counseling.

An experienced defense attorney can argue for reduced penalties or alternatives to incarceration.

Step 9: Appeals and Post-Conviction Relief

A conviction is not necessarily the end of your case. You may be able to file an appeal or seek post-conviction relief if:

  • Legal errors were made at trial.

  • Evidence was admitted illegally.

  • Your constitutional rights were violated.

Appeals are complex and time-sensitive, so consulting with an attorney immediately is critical.

Special Considerations in Colorado Criminal Cases

  • DUI/DWAI: Trigger both criminal cases and DMV license revocations.

  • Domestic Violence: Carry mandatory arrest, no-contact orders, and treatment requirements.

  • Drug Offenses: May be eligible for diversion or treatment programs.

  • Juvenile Cases: Focus more on rehabilitation but can still result in detention and long-term consequences.

Each type of case requires a defense tailored to its specific rules and penalties.

Defense Strategies During the Court Process

At The Lawrence Law Firm, we fight aggressively at every stage. Common strategies include:

  • Challenging probable cause for traffic stops, searches, or arrests.

  • Suppressing illegally obtained evidence (violations of the Fourth or Fifth Amendments).

  • Exposing unreliable witnesses or flawed forensic testing.

  • Presenting affirmative defenses such as self-defense or mistaken identity.

  • Negotiating reductions or alternatives to avoid jail and protect your record.

Why Choose The Lawrence Law Firm?

The criminal court process is stressful, but you don’t have to face it alone. At The Lawrence Law Firm, we provide:

  • Extensive courtroom experience in both misdemeanor and felony defense.

  • Aggressive negotiations to reduce or dismiss charges.

  • Trial-tested advocacy when your case goes to court.

  • Direct attorney access – you work directly with us, not layers of staff.

We know how prosecutors build cases, and we know how to dismantle them.

Act Now – Your Future Is at Stake

If you have been charged with a crime in Aurora, Arapahoe County, Denver, Adams County, or anywhere in the Denver Metro Area, do not wait. The earlier you involve a criminal defense attorney, the better your chances of success.

Contact The Lawrence Law Firm today for a free consultation. We will explain the Colorado criminal court process, protect your rights, and fight for the best possible outcome.

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Areas of Practice

Protect Your Rights

Service Areas

  • Denver County
  • Arapahoe County
  • Adams County
  • Douglas County
  • Jefferson County

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Contact Information

Address

2821 S. Parker Rd. Suite 865 Aurora, CO 80014

Contact

lain@coloradodefenders.com Ph: 720-369-4929

Hours

Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment

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