Introduction to the Criminal Process in Colorado

The procedure in a Colorado criminal case is determined by Colorado’s criminal statutes as well as the Colorado Rules of Criminal Procedure and other court rules. While each case is unique and the procedure may differ depending on whether an individual is charged with a misdemeanor or a felony, this article identifies the typical events in a criminal case from arrest to appeal.

A criminal case begins when a police officer arrests a person, a court issues a summons instructing the individual to appear in court, or when the court issues an arrest warrant.

When a person is arrested (with or without an arrest warrant), he/she/they must appear before the court to be informed of certain fundamental rights. In addition, if a defendant is arrested without an arrest warrant, the court must determine if there is probable cause to support the arrest and detain the person. The court will also set the amount of bail and type of bond if the offense charged is one in which bail is allowed.

An arraignment is a proceeding in which the defendant is called into court and informed of the charges against him/her/them. The defendant will then enter a plea to the charge such as “guilty,” “not guilty,” or “guilty by reason of insanity,” or “no contest.”

If a defendant is in custody on felony charges, or is charged with certain types of felonies, the defendant has the right to demand and receive a preliminary hearing. A preliminary hearing is held by a judge for the purpose of determining whether the prosecution has sufficient evidence to establish probable cause as to the offense alleged to have been committed and that the defendant is the person who committed the crime.

For purposes of the preliminary hearing, “probable cause” is established when the evidence is sufficient to induce a person of ordinary prudence and caution conscientiously to entertain a reasonable belief that the defendant may have committed the crimes charged. The preliminary hearing is not a mini-trial; the court will view the evidence in the light most favorable to the prosecution.

There are a variety of procedural mechanisms that the prosecution and the defendant may utilize to access relevant evidence in the other party’s possession or to gather information about the other party’s case. For example, the parties may use disclosures, subpoenas, or depositions for this purpose.

The prosecution or the defense may wish to file motions with the court, seeking pretrial rulings on important evidentiary and procedural issues that are anticipated to arise at trial.

Most criminal cases end with the parties agreeing to the disposition of the charges without a trial. Prior to trial, the prosecution and defendant may negotiate a plea bargain and appear before the court at a pretrial conference for approval of the negotiated disposition of the case.

For example, a plea bargain may result in dismissal of the charges in exchange for certain actions by the defendant. A plea bargain may also result in a diversion where the prosecution agrees to stay the case for a period to allow the defendant to meet certain conditions or complete probation. A plea bargain may also result in a deferred judgment and sentence or a guilty plea to a lesser offense or to fewer than all the charges, or for a reduced sentence.

Prior to trial, a court will conduct a pretrial conference. At the conference, the parties may present a negotiated plea bargain to the court to resolve the case. If the case is not resolved, the court will also hear pretrial motions, address discovery issues, and address logistical trial issues at the pretrial conference.

If the parties do not agree to a disposition, the case proceeds to trial. A jury usually (but not always) decides a criminal trial. A jury trial typically begins with jury selection, followed by opening statements by each side, presentation of the prosecution’s case-in-chief, presentation of the defense case, presentation of the prosecution’s rebuttal evidence, the reading of jury instructions, and closing arguments. Following closing arguments, the jury is sent into another room to deliberate and reach a verdict. Upon reaching a verdict, the judge calls the jury and the parties back into the courtroom and the verdict is read.

Following a guilty verdict, the court will hold a sentencing hearing. Trial court judges have broad discretion to impose individual sentences with the goal of balancing the public’s interest in safety and deterrence of crime against the defendant’s needs and prospect for rehabilitation or treatment. For example, a judge may sentence a defendant to jail time and/or require probation, restitution, fines, costs, and fees.

In some instances, a defendant may petition the court to have his/her/their case sealed, which means that those records still exist but are hidden from public view. For example, and depending on the type of offense, if a defendant is acquitted or the charges are dismissed, a case may be sealed. Conviction records may also be sealed depending on the type of conviction and the amount of time that has passed. In other instances, a defendant may seek to have a criminal record expunged which results in the destruction of the record.

At different points during a criminal case, the parties may have the option of filing an appeal with the Colorado Court of Appeals or the Colorado Supreme Court which will review certain rulings made by the trial court to determine if they were proper.

BHGR’s Criminal Law Group works with clients through every stage of a criminal case, including pre-filing, discovery, trial, sentencing, record sealing, expungement, appeals, post-conviction matters, and collateral matters.