At a Colorado arraignment, the court formally addresses the charges against you and takes your plea. It is not a trial, and you generally will not present witnesses or argue the evidence that day.
Is Arraignment Always Your First Court Date in Colorado?
No. Your first appearance after an arrest may be an advisement hearing. The judge explains your rights and the allegations, addresses representation, and considers release. The Colorado State Public Defender explains that people held in jail receive court-appointed representation at their first appearance.
An arraignment focuses on entering a plea. Misdemeanor cases generally proceed in county court, which also handles the early stages of some felony cases. Felony arraignments generally occur in district court after preliminary proceedings.
A preliminary hearing is different again: it tests whether probable cause supports certain felony charges. Eligibility depends on the charges and, in some cases, custody status. Not every defendant receives one.
What Happens at an Arraignment, Step by Step?
1. The Court Addresses the Charges and Your Rights
When your case is called, the judge may confirm your identity, ask whether you understand the charges, and address your rights. A represented defendant may not hear every charge read aloud.
Colorado law requires the court to explain the right to remain silent and the right to counsel at the first appearance or arraignment, whichever comes first. Answer procedural questions respectfully, but speak privately with your lawyer before discussing what happened.
2. The Judge Checks Whether You Have an Attorney
If you do not have counsel, tell the judge. Ask about time to obtain representation before making a plea decision. If you cannot afford a lawyer, ask about applying for a public defender. People released from custody must apply to determine whether they qualify, even if a public defender represented them while jailed.
3. You Enter a Plea
A not guilty plea preserves your opportunity to challenge the prosecution’s case. It does not require you to prove your innocence at arraignment or prevent later plea negotiations.
A guilty plea gives up important trial rights and can lead to sentencing. A no-contest plea requires the court’s consent and is not a means of avoiding criminal punishment. Under Colorado Rule of Criminal Procedure 11, the judge must determine that your guilty or no-contest plea is voluntary and that you understand its consequences.
Discuss the evidence, possible penalties, and any offer with your attorney before deciding how to plead.
4. The Court Addresses Conditions and Upcoming Dates
The judge may address release conditions and schedule additional proceedings. Bond may already have been set at an earlier hearing. An arraignment does not automatically mean release from jail or a new bond amount.
Before leaving, confirm your next date and any deadlines. Continue following existing bond and protection orders unless the court changes them. Tell your attorney promptly if a condition creates a problem with work, housing, or family responsibilities.
What Should You Bring and Wear to Court?
Bring your summons or court notice, case number, identification, bond paperwork, and your attorney’s contact information. Keep documents your lawyer requested organized and available.
Wear clean, modest clothing suitable for a job interview. Allow time for parking, security, and finding the courtroom. Silence your phone and follow instructions for checking in. Ask in advance about an interpreter or disability accommodation.
A friend or family member can generally attend a public hearing, subject to courtroom restrictions and protection orders. Confirm attendance requirements with your attorney; do not assume someone else can appear for you or that you may attend remotely.
What Happens at a DUI Arraignment?
A DUI arraignment serves the same basic purpose: addressing the charges and entering a plea. Your DUI defense attorney can review the stop, testing, and potential consequences before you make that decision.
The criminal hearing does not resolve separate DMV proceedings affecting your license. As our guide to mistakes to avoid after a DUI arrest explains, delaying the DMV process can jeopardize your options. Do not wait for arraignment to ask about license-related deadlines.
What Is Discovery, and What Happens After Arraignment?
Discovery is the exchange of case information required by law. For the defense, that can include police reports, witness statements, expert reports, photographs, and recordings. Discovery may begin before arraignment and continue as more material becomes available.
Your lawyer uses that material to evaluate the charges, investigate defenses, and consider motions challenging evidence. The case may involve negotiations, further hearings, or trial preparation. Entering a not guilty plea does not guarantee that a trial will ultimately occur.
How Long Is It Between Arraignment and Trial in Colorado?
Colorado’s speedy-trial statute generally requires trial to begin within six months of a not-guilty plea. That is not a promise that every case will be resolved within six months of arrest. Defense continuances, excluded periods, and other statutory exceptions can change the calculation.
What Happens If You Miss Your Arraignment?
Missing a required appearance can lead to a warrant. Colorado’s county court statute expressly allows a bench warrant when someone fails to appear as required by a summons.
If an emergency prevents you from attending, contact your attorney and the court immediately. A phone call alone does not excuse your absence. If you have already missed court, get legal help promptly to address the missed appearance and any warrant.
Speak With a Colorado Criminal Defense Attorney
Your first court date can affect your plea, release conditions, and defense preparation. MBS Law represents people facing criminal charges throughout Colorado.
Contact MBS Law to schedule a confidential consultation about your upcoming hearing, the charges against you, and your available options.
References
https://www.coloradodefenders.us/for-clients/applying-for-a-public-defender/in-jail-or-detention/
https://www.coloradojudicial.gov/trial-courts-county
https://www.coloradodefenders.us/for-clients/applying-for-a-public-defender/
https://www.coloradojudicial.gov/sites/default/files/2024-06/Supp%20RULE%2011%20PLEAS.pdf
https://bouldercounty.gov/district-attorney/discovery-unit/
https://law.justia.com/codes/colorado/title-18/article-1/part-4/section-18-1-405/