As a Colorado criminal case moves through the pretrial process, it is typical to conduct a disposition hearing. This is where you decide whether to accept the prosecutor’s plea bargain offer or proceed to trial.
Therefore, a disposition hearing is where the court determines whether the case can be “disposed of” before going to a trial. Accepting the prosecutor’s plea offer will dispose of the case, and you will be sentenced.
Not all criminal cases go through a disposition hearing. If you need more time to negotiate the plea bargain or decide how to proceed, the disposition hearing may be rescheduled (“continued”) until a later date.
Some people refer to a “disposition hearing” as a general court hearing before the judge. It is important to clarify what type of court hearing is scheduled to know what to expect.
To help you understand what a disposition hearing is in the Colorado criminal court process, our Denver criminal defense lawyers discuss the following:
- 1. Is a preliminary hearing different?
- 2. What happens at disposition hearings?
- 3. Do I need a lawyer?
- 4. What happens after the disposition hearing?
- Additional Resources
1. Is a preliminary hearing different?
Yes. A preliminary hearing is not the same as a disposition hearing in Colorado. A preliminary hearing is a procedure in certain felony cases where you can challenge the strength of the state’s case against you.
If the judge finds probable cause exists that you are guilty, your case will proceed. Otherwise, the judge may dismiss your charges if no probable cause is found.
A preliminary hearing is generally only available if you are charged with a:
- Class 1 felony, class 2 felony, or class 3 felony or
- Class 4 felony, class 5 felony, or class 6 felony with mandatory jail time or you are in police custody.
If you are not eligible for a preliminary hearing or you waive the hearing, your case may proceed to a disposition hearing.1
A disposition hearing in Colorado criminal court is a hearing to decide whether to accept the prosecutor’s plea bargain offer or to take the case to trial.
2. What happens at disposition hearings?
One of three things occurs at disposition hearings in Colorado:
- You accept a plea bargain,
- You request a continuance, or
- You ask for a trial.2
Each of these possibilities is discussed below.
1) You Accept a Plea Bargain
Most cases are plea bargained, where the prosecutor offers to recommend certain terms in exchange for you pleading guilty or no contest.
Make sure you talk to your lawyer before ever accepting a plea deal. The prosecutor may make it seem like you do not have a choice or that it is a “one-time offer.” Most of the time, these deals can usually be negotiated.
If you choose to take a plea bargain, the prosecutor presents the agreement to the judge with a recommendation. If the judge accepts the deal (which they usually do), then it will be read into the court record. Finally, you will be sentenced based on the settlement agreement.
In the rare event the judge does not accept the recommendation, you and the prosecutor may go back to negotiations.
2) You Request a Continuance
Requesting a continuance is simply asking the judge for more time. However, you may need to show cause why a continuance is necessary, especially where you have asked for multiple extensions.
Grounds for a continuance may include:
- Ongoing plea deal negotiations,
- The public defender‘s failure to appear in court,
- The public defender’s replacement with a private criminal defense attorney,
- Scheduling conflict with the court, prosecutor, or you or your defense attorney, or
- Illness or emergency.
Often, a hearing may be continued because the court itself ran out of time. Courts have multiple hearings on any given date. So when they run long, the remaining parties scheduled may be told to go home and come back on another date.
This can be frustrating when you have taken time off of work or arranged for childcare only to be told to come back again.
3) You Ask for a Trial
If you have already decided not to take a plea deal, the disposition hearing may be a short proceeding where the case will be scheduled for trial.
However, the prosecutor and you can continue negotiating possible plea agreement deals up to and even during trial. The majority of scheduled trials never happen.
Your attorney may recommend taking a plea. Remember, the decision of whether to take the offer is up to you alone.
3. Do I need a lawyer?
It is strongly advised to have private counsel at any court hearing. An experienced Colorado criminal defense lawyer can best explain all your options as well as the benefits and consequences of going to trial versus taking a plea.
If you need more time to get a lawyer, you can generally ask for more time at the disposition hearing. Contacting a criminal defense attorney as soon as possible after an arrest will give your lawyer the chance to
- Review your case,
- Investigate the charges, and
- Help you decide how best to fight for your rights.
If you can show the court you cannot afford an attorney, the court may appoint a public defender. However, public defenders often have too little time to provide each client with zealous representation. Therefore, hire a private attorney if you can.
Taking a plea at your disposition hearing may lead to an immediate sentencing or a sentencing hearing scheduled at a later date.
4. What happens after the disposition hearing?
What happens after a disposition hearing in Colorado depends on whether:
- You took a plea agreement;
- Your case was continued; or
- You asked for a trial.
Each of these is discussed below.
1) You Took a Plea Bargain
After the plea bargain has been made and accepted, it is the end of your chance to challenge the criminal charges. You must follow the terms of the sentencing, including any probationary conditions or terms of parole upon release.
Additionally, if you violate the terms of probation or alternative sentencing, you may be sentenced to jail or prison, based on the terms of the plea deal.
If you wish to withdraw your plea prior to your sentencing, you have the burden of establishing a “fair and just reason.” If you have already been sentenced, the judge must find that “justice will be subverted” by denying a change of plea.3
2) Your Case Was Continued
After a continuance is granted, the court may schedule another disposition hearing or other court date to determine if the case will be
- Settled through a plea agreement or
- Taken to trial.
Note that judges will usually grant a limited number of continuances before scheduling a trial. They do not want cases to be indefinitely delayed.
3) You Asked for a Trial
If the judge orders a trial, there are still several things that will occur before your case gets to trial. These may include:
- Pretrial hearings,
- Pretrial motions, and
- Continuing plea bargain negotiations.
During this pretrial process, your defense attorney may file motions to suppress in an effort to keep out some of the state’s incriminating evidence. If the judge grants any of these motions, the prosecutor may be left with insufficient evidence to prove guilt beyond a reasonable doubt. The D.A. may then agree to lessen or dismiss your case altogether.
Ultimately, most Colorado criminal court cases never make it to trial and instead resolve through a plea deal.4
Talk to your Colorado criminal defense attorney about the strength of your case and whether you may want to take a plea deal or take your case to trial.
Additional Resources
For more information, refer to the following:
- How Criminal Cases Work – Explanation by the Denver, Colorado District Attorney.
- Criminal Court Self-Help Forms – Provided by the Colorado Judicial Branch.
- Colorado Rules of Criminal Procedure – Rules that apply to all criminal cases in Colorado.
- Colorado Criminal Code: Title 18 of the C.R.S. – The principal body of laws defining and governing federal criminal offenses for Colorado.
- Steps in the Federal Criminal Process – Overview by the Offices of the United States Attorneys.
Legal References:
- C.R.Crim.P. 5(a)(4).
- See, for example, People v. Cornejo (Colo. 2023) .
- People v. Gutierrez (Colo. 1981) 622 P.2d 547. People v. Chavez (Colo. 1986) 730 P.2d 321 (“To warrant the exercise of discretion favorable to a defendant concerning a change of plea, there must be some showing that justice will be subverted by a denial thereof, as where a defendant may have been surprised or influenced into a plea of guilty when he had a defense; where a plea of guilty was entered by mistake or under a misconception of the nature of the charge; where such plea was entered through fear, fraud, or official misrepresentation; or where it was made involuntarily for some reason.”).
- Colorado Judicial Branch Annual Statistical Report Fiscal Year 2024.