An arraignment hearing is generally the first court appearance in a Colorado criminal case. At the hearing, three key things happen:
- you get an advisement of the charges,
- you enter a plea of guilty or not guilty, and
- the judge sets the case for further proceedings.
In felony cases, you must always be present at the arraignment. In misdemeanor cases, your defense attorney generally may appear without you present if the court permits.
This chart shows where the arraignment process fits within the life cycle of a criminal case:
In this article, our Colorado criminal defense lawyers will explain:
- 1. What happens at the arraignment hearing?
- 2. Do I have to be there in person?
- 3. Should I plead guilty or not guilty?
- 4. What do I do after an arraignment?
- Additional Reading
1. What happens at the arraignment hearing?
During your arraignment – which typically lasts just a couple of minutes – the judge will read out the formal criminal charges against you and your constitutional rights. Then you must enter a plea.
If you want to fight your case (which you should), you would maintain your innocence by entering a not guilty plea. The judge will put your case down for a future court date, generally a pretrial conference.
If you do not want to fight your case, you would instead plead guilty or no contest. The judge can then sentence you right away or schedule a sentencing hearing later on.
What about bail?
Following an arrest, you spend several hours being booked and processed. In most cases, you have the opportunity to bail out or be released on personal recognizance (also called “own recognizance” or OR) well before the arraignment. If you are considered a flight risk or a danger, the judge may deny you bail.
If cannot bail out by your arraignment, the arraignments is a good opportunity to ask the judge for a lower bail or OR release. You can use a bondsman to post bail for you in exchange for you paying them 15% of the bail amount and putting up collateral.
If you are granted bail or OR release, you must abide by all the conditions that the court orders. This typically includes showing up to future court appearances and staying away from any alleged victims (“no contact orders”).
Depending on your case, the judge can impose additional bail conditions such as:
- electronic monitoring,
- travel restrictions,
- counseling and treatment,
- curfews, and/or
- drug tests.
If you violate your bail conditions, you can be remanded to jail for the remainder of your criminal case. Plus the court can forfeit your bail so you never get it back. If you hired a bondsman, they could then go after your collateral.
What else should I know?
Depending on the criminal court, type of criminal offense, and other factors, your arraignment may be held within a few days or a few weeks after your arrest.
Most misdemeanors in Colorado are handled by the County Courts. An arraignment for a felony complaint may be handled by the District Courts.1
Like many parts of the legal process, an arraignment may be confusing to first time defendants. This is why it is recommended to use the time between the arrest and arraignment to find an experienced Colorado criminal defense attorney who will represent you in your criminal case.
After an arrest by police officers, you may be given a summons to appear in court on a later date for an arraignment.
2. Do I have to be there in person?
If you were charged with a minor crime or misdemeanor, you may be able to have your attorney appear on your behalf for your arraignment. However, if you were charged with a felony, you will probably need to appear in person before a judge in the appropriate Colorado District Court.
There may be a number of factors that make it difficult for you to appear in person for your arraignment, including
- work schedule,
- transportation difficulty,
- living in a different city or state, or
- if you have to stay at home to care for a family member.
However, you should never skip the arraignment or any court hearing without getting approval ahead of time from the court. If you fail to show up, the court may issue a bench warrant for your arrest: This can result in jail time and expensive fines.2
Consult an Attorney
Talk to your Colorado attorney well before your arraignment date to find out if you have to appear in person. In many cases, your attorney can
- appear on your behalf,
- inform the court that you are pleading not guilty, and
- get the date for your next court appearance.
3. Should I plead guilty or not guilty?
In nearly all cases, you should plead not guilty during the arraignment. At that point you and your attorney can determine how to fight the charges.
If you plead guilty, you give up your opportunity to fight the charge at trial. The next step will be sentencing.
If you have any questions about how you should plead during the arraignment, talk to your attorney.3
4. What do I do after an arraignment?
After the arraignment, your case will proceed to the pretrial hearing. If you are facing a felony charge, the court may schedule a preliminary hearing.
At this point, your attorney can access the state’s evidence against you. This may include
- a police report,
- chemical test evidence,
- witness statements,
- surveillance footage, and
- other evidence or documentation.
Once your attorney has a chance to evaluate the case, they will have a better idea of how strong the Colorado prosecutor’s case is against you.
In some cases, your attorney may be able to convince the prosecutors that their evidence is too weak to prove guilt beyond a reasonable doubt. If this happens, prosecutors may drop your case completely – this would be the best case scenario.
Plea v. Trial
Most criminal cases resolve with a plea agreement (“plea bargain” or “plea deal”), where you enter a plea of
- guilty, where you admit to the charges against you, or
- no contest, where you maintain your innocence but admit you cannot win your case.
If you do not plea, you can choose to have a bench trial or a jury trial instead. At trial, the district attorney has the burden to prove guilt beyond a reasonable doubt.
If you get convicted through a plea or a trial, the court would then hold a sentencing hearing. At that point, you have many options for post-conviction relief such as appeals and motions for reconsideration.4
Additional Reading
For more in-depth information about criminal procedure, refer to the following scholarly articles:
- The Quality of Justice in Misdemeanor Arraignment Courts – The Journal of Criminal Law, Criminology, and Police Science.
- Right to Counsel before Arraignment – Minnesota Law Review.
- Police Interrogation: The Right to Counsel and the Prompt Arraignment – Brooklyn Law Review.
- Tracing Charge Trajectories: A Study Of The Influence Of Race In Charge Changes At Case Screening, Arraignment, And Disposition – Criminology.
- Criminal Law. Arraignment. Plea – California Law Review.