Quick Answer: A Colorado advisement hearing is often the first time a person appears before a judge after an arrest. The judge may explain the suspected charges, advise the person of basic rights, address bond, enter or continue protection orders, and set the next court date. However, an advisement hearing is usually not the same as an arraignment. In most cases, arraignment is when a formal plea is entered.
If you or someone you love has an advisement hearing in Colorado, the most important goals are usually simple: understand the allegations, protect release, avoid unnecessary statements, follow bond conditions, and begin preparing the defense.
An advisement hearing is an early court appearance in a Colorado criminal case. In many cases, it happens shortly after a person is arrested and brought before a judge.
At the hearing, the court may advise the person of the allegations, explain basic rights, discuss bond, address release conditions, and set the next court date.
However, advisement does not always mean formal charges have been fully litigated or that the defense has received all evidence. Therefore, it is usually not the time to explain the facts, argue the entire case, or make statements to prosecutors without legal advice.
Every courtroom is different. However, a typical Colorado advisement hearing may include:
In some cases, the advisement is very short. Nevertheless, the consequences can be significant. Bond conditions, no-contact orders, alcohol monitoring, GPS requirements, or firearm restrictions can affect daily life immediately.
An advisement hearing and an arraignment are related, but they are not the same thing.
| Issue | Advisement Hearing | Arraignment |
|---|---|---|
| Main Purpose | Advise the person of allegations, rights, bond, and conditions | Formally respond to the charge by entering a plea |
| Timing | Often shortly after arrest | Usually after formal charges are filed or the case is set for plea |
| Plea Entered? | Usually no formal plea | Usually guilty, not guilty, or another formal plea |
| Common Issues | Bond, protection orders, custody, next date, attorney status | Plea, discovery, pretrial dates, trial setting, negotiation posture |
As a result, a person should not assume that an advisement hearing is the moment to plead guilty or explain everything that happened. In many cases, the defense needs discovery before making major decisions.
Bond is often one of the most important issues at a Colorado advisement hearing. The court may decide whether the person remains in custody, is released on a personal recognizance bond, must post money, or must follow pretrial supervision conditions.
The judge may consider:
Additionally, bond can include conditions beyond money. For example, the court may order alcohol testing, GPS monitoring, no contact with certain people, no return to certain locations, no weapons, or travel restrictions.
If a bond is too high or the conditions are not workable, a lawyer may ask for a bond reduction or modification.
In many Colorado criminal cases, the judge enters a mandatory protection order early in the case. This can happen at or near advisement.
Protection orders commonly appear in:
A protection order may prohibit direct contact, indirect contact, social media contact, third-party contact, or returning to a shared home. Therefore, it is important to understand the exact terms before leaving court.
Even friendly contact can violate a protection order. Likewise, contact initiated by the other person may still create problems for the defendant. If the order needs to be changed, the safer approach is to ask the court rather than informally ignoring it.
A lawyer can often help at an advisement hearing, especially if bond, release conditions, protection orders, or custody are at issue. However, even if a lawyer is not present at the first advisement, it is important to get legal advice as soon as possible afterward.
A defense lawyer may help by:
Importantly, the advisement hearing is often too early to know the full strength of the prosecution’s case. Therefore, the defense should usually avoid making irreversible decisions before reviewing discovery.
After advisement, the next step depends on the type of case and the court. In some cases, the next hearing is an arraignment. In other cases, the matter may proceed toward a preliminary hearing, filing decision, pretrial conference, or bond review.
Common next steps include:
Meanwhile, the defense should begin gathering information, preserving evidence, requesting discovery, identifying witnesses, and making sure the client understands all court orders.
Colorado criminal procedure is generally statewide. However, local practices can differ from courthouse to courthouse.
For example, advisement hearings may look different in Denver County Court than in Jefferson County, Adams County, Arapahoe County, Douglas County, or Weld County. Some courts move advisements quickly. Others spend more time addressing bond, pretrial supervision, protection orders, or future scheduling.
Local differences may include:
Because of those differences, local experience can matter. The law may be statewide, but the practical process can vary significantly by county.
Because advisement happens early, people often make mistakes before they understand the case. Unfortunately, those mistakes can affect the rest of the defense.
Common mistakes include:
Instead, the better approach is usually to remain calm, understand the court’s orders, avoid discussing the facts, and begin preparing for the next stage.
Josh Landy is a former Colorado State Public Defender and trial-focused criminal defense lawyer who has handled thousands of Colorado court appearances and tried more than 200 cases.
Landy Criminal Defense helps clients understand the process, prepare for court, address bond and protection order issues, review discovery, and build a defense strategy from the beginning.
If you or someone you love has an advisement hearing in Colorado, early preparation can make the process less overwhelming and help protect your future.
Schedule a confidential consultation today.
An advisement hearing is an early court appearance where the judge may advise the accused person of the allegations, basic rights, bond issues, protection orders, and future court dates.
No. An advisement hearing usually involves being advised of allegations, rights, and bond conditions. An arraignment is usually when the defendant formally enters a plea.
Usually, no. In many cases, the plea is entered later at arraignment. However, procedures can vary depending on the court and type of case.
Sometimes. The court may address bond at advisement, and a lawyer may ask for a lower bond, personal recognizance release, or modified conditions.
Yes. In many criminal cases, especially domestic violence or alleged victim cases, the court may issue or continue a protection order early in the case.
Usually, no. Advisement is generally not the time to explain the facts of the case. Statements made in court or to prosecutors can create problems later.
The case may proceed to arraignment, bond review, preliminary hearing, pretrial conference, discovery review, or another court date depending on the charge and county.
<p>A lawyer can be especially helpful when bond, custody, protection orders, or release conditions are at issue. Even if a lawyer is not present at the first advisement, legal advice should be obtained as early as possible.
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