Colorado · Updated July 2026 · Verified by InmateAid

The Colorado Court Process: A Step-by-Step Guide for Defendants and Families

A step-by-step guide to the Colorado criminal court process, from arrest and advisement through the preliminary hearing, trial, sentencing, and appeal.

If you or someone you love is facing criminal charges in Colorado, the court process can feel like a string of hearings with confusing names, moving between two different courts before anything seems to settle. I have been through the system myself, and most of the fear comes from not knowing what each step is for. So let me walk you through the Colorado criminal court process one stage at a time, in plain language. None of this is legal advice, and every case and county is different, so treat it as a map and lean on a lawyer for the turns.

Start with how Colorado organizes its courts, because a felony case moves between two of them. County Courts handle misdemeanors, petty offenses, traffic, and the early stages of felony cases. District Courts are the trial courts of general jurisdiction, where felonies are actually tried. Above the trial courts sit the Colorado Court of Appeals and, at the top, the Colorado Supreme Court. The thing to hold onto is that a felony usually starts in county court and then gets moved up, or bound over, to district court, and knowing which court your person is in tells you how far along the case is.

Step one: arrest, booking, and the charging decision

It begins with arrest and booking, where the charges are recorded, fingerprints and a photo are taken, and the jail runs its checks. In Colorado the prosecutor, the district attorney, decides what charges to actually file, and those can differ from the charges written at arrest. Felonies are typically charged by a document called an Information or a felony complaint, and occasionally by grand jury indictment, though that is far less common. The People of the State of Colorado bring the case, the accused is the defendant, and the defense attorney represents them.

Step two: advisement

One of the first hearings in Colorado is the advisement, sometimes called the first appearance. This is where the court formally advises the defendant of the charges and of their constitutional rights, addresses bond, and considers a request for a court-appointed lawyer if the defendant cannot afford one. It is a short hearing and it is not the trial, but it starts important clocks running. For a defendant held in jail on a felony, the advisement is also the point from which the timing for testing the evidence begins.

Step three: the preliminary hearing, for the cases that qualify

For felonies, Colorado uses a preliminary hearing to test whether there is probable cause, but, unlike some states, not every felony qualifies for one. In general, a defendant is entitled to a preliminary hearing in the more serious felony classes, when the defendant is in custody and unable to make bail, or when the charge carries mandatory sentencing, is a crime of violence, or is a sexual offense. A defendant whose case does not qualify is not simply left without a checkpoint; the case typically proceeds through a different early hearing instead. After advisement, there is a short window, seven days, to request the preliminary hearing, and once requested it is generally held within 35 days, though defendants frequently waive that 35-day timing to give the defense more time to prepare.

The preliminary hearing is a contested, adversarial hearing held in county court, where the prosecution must show probable cause and the defense can cross-examine the prosecution's witnesses. It does not decide guilt, only whether there is enough evidence to proceed. The standard is low, so most defendants do not win outright, but the hearing is a valuable chance to see the state's evidence and test it. If the judge finds probable cause, the case is bound over to district court. If no probable cause is found, charges can be dismissed.

Step four: arraignment in district court

Most felonies arrive in district court either after a preliminary hearing or after the defendant waives that hearing. Once the case is in district court, the defendant is arraigned, which means formally given notice of the charges in the Information again and advised of their rights again. The defendant then enters a plea: guilty, not guilty, or in Colorado the defendant may also stand mute, which the court treats as a not guilty plea. This second advisement and arraignment confuses families because it can feel like a repeat of the earlier hearing, but it is the distinct step that moves the case into its trial phase. Once a not guilty plea is entered, the court generally has six months to bring the defendant to trial under Colorado's speedy trial rule, a deadline the defense can waive but watches carefully.

Step five: pretrial, discovery, and motions

After arraignment the case enters the pretrial phase, which is where the majority of Colorado cases are actually resolved. The prosecution must turn over its evidence through discovery, including police reports, video, lab results, and witness statements. The defense can file pretrial motions, for example a motion to suppress evidence that was obtained through an unlawful search, a motion that can reshape or even end a case if granted. Courts hold pretrial conferences where the lawyers work toward a resolution or get the case ready for trial. This stretch can run for months, and although it looks quiet from outside, it is usually where the real work happens.

Step six: plea bargaining

The honest reality is that the large majority of Colorado cases are resolved by agreement rather than trial. During the pretrial period the prosecutor and the defense discuss whether a plea makes sense, where the defendant pleads guilty or no contest, often to a reduced charge or for an agreed sentence, in exchange for a more predictable outcome than a trial. Whether to accept a plea is entirely the defendant's decision, not the lawyer's and not the family's. A good lawyer lays out the real risks and the real options so the defendant can choose with clear eyes. There is no shame in choosing to fight or in choosing a resolution that protects your future, as long as the choice is informed.

Step seven: trial

If the case does not resolve, it goes to trial, with felony trials held in district court, where the defendant has the right to a jury. Trial moves through jury selection, where the judge and lawyers question potential jurors for bias, then opening statements, the prosecution's case, the defense case, closing arguments, and the verdict. A criminal jury verdict in Colorado must be unanimous. Throughout, the burden stays on the prosecution to prove guilt beyond a reasonable doubt. The defendant does not have to prove innocence and does not have to testify.

Step eight: sentencing

If there is a guilty verdict or plea, the case moves to a sentencing hearing, and Colorado's structure is worth understanding. Colorado sorts felonies into six classes, from Class 1, the most serious, down to Class 6, and each class carries a presumptive sentencing range the judge sentences within. A Class 1 felony carries life imprisonment. The other classes carry presumptive prison ranges that step down from there, and when the judge finds extraordinary aggravating or mitigating circumstances, the sentence can go above or below the presumptive range within statutory limits. Two Colorado features matter especially. First, most felony sentences carry a mandatory period of parole that follows release from prison, a parole tail the judge cannot waive. Second, certain designations, such as a crime of violence or habitual offender status, can sharply increase the exposure. Sentencing can also include probation, fines, and restitution in many cases. The defense lawyer's work presenting mitigation, the human context behind the charge, matters a great deal here.

Step nine: appeals

A conviction is not always the end of the road. The path depends on which court heard the case. A county court conviction can be appealed to the district court. A district court felony conviction can be appealed to the Colorado Court of Appeals, the state's intermediate appellate court, which reviews the written record for legal errors that affected the outcome. From there, a case may go on to the Colorado Supreme Court, which chooses most of the cases it hears, though certain matters go to it more directly. An appeal is not a new trial and not a chance to re-argue the facts to a new jury. Deadlines are strict and start running quickly after sentencing, so anyone considering an appeal needs to tell their lawyer right away.

A cursory look at the federal court process in Colorado

Everything above describes the Colorado state court system, which handles the overwhelming majority of criminal cases. Some cases, though, are charged as federal crimes and move through an entirely separate system worth understanding in outline.

The entire state is a single federal trial district, the United States District Court for the District of Colorado, based at the Byron G. Rogers Federal Building and United States Courthouse in Denver, with proceedings also held in places like Colorado Springs, Grand Junction, Durango, and Pueblo. A federal case in Colorado is prosecuted by the United States Attorney's Office for the District of Colorado, not by a county district attorney, and it is heard by federal judges in those courthouses.

The federal sequence covers the same broad ground you read about above but with its own rules and players. After a federal arrest, the defendant has an initial appearance before a United States magistrate judge, with detention or release decided under the federal Bail Reform Act rather than Colorado's bond rules. Felony charges are brought by indictment from a federal grand jury, the standard route in federal court. The case proceeds through arraignment, discovery and motions, and either a plea or a trial in United States District Court. The sharpest difference comes at the end: instead of Colorado's six classes and presumptive ranges with a state parole tail, federal sentences are calculated under the United States Sentencing Guidelines, often carry mandatory minimums, are served in federal prison, and there is no parole in the federal system, which makes federal exposure very different from a comparable state charge.

If a federal case in Colorado ends in conviction and is appealed, it does not touch the Colorado Court of Appeals or the Colorado Supreme Court. It goes to the United States Court of Appeals for the Tenth Circuit, which is itself based in Denver at the Byron White United States Courthouse and also covers Kansas, New Mexico, Oklahoma, Utah, and Wyoming. From there the only further step is the United States Supreme Court. Because federal practice is its own world, anyone facing a federal charge in Colorado should make sure their lawyer has real federal court experience.

Where this leaves you

The Colorado court process is long, and the movement between county court and district court is often the most confusing part for families. But each stage has a purpose, and knowing the sequence, advisement, preliminary hearing, arraignment in district court, pretrial, plea or trial, sentencing, and appeal, lets you see where your person is instead of feeling lost in it. Get a lawyer involved as early as you can, keep one page with the charges, the court, the next date, and your attorney's contact information, and stay close to your loved one through it. The system is built to make people feel alone. Knowing the map is how you push back against that.

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