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Colorado Arraignment Hearing | What Happens in Court

Colorado Arraignment Hearing: What Happens, What to Say, and What Comes Next

Quick Answer: A Colorado arraignment is a court hearing where the judge advises the accused person of the charges, the person enters a plea, and the court sets future dates. In most cases, the safest plea at arraignment is “not guilty” so the defense has time to review discovery, investigate the case, file motions, and negotiate from a position of strength.

If you have an arraignment in Colorado, do not assume it is just a formality. What happens at arraignment can affect bond conditions, protection orders, discovery deadlines, plea negotiations, trial settings, and whether a warrant issues if you fail to appear.

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What Is an Arraignment in Colorado?

An arraignment in Colorado is one of the early court hearings in a criminal case. It is the hearing where the court confirms the charge, advises the accused person of important rights, asks for a plea, and sets the case for the next stage.

For many people, arraignment is the first time they stand in front of a judge after being charged. In other cases, especially if the person was arrested and saw a judge earlier for bond, arraignment may happen later after the case has already started moving.

The most important thing to understand is this: arraignment is usually not the time to explain your side of the story. It is usually the time to protect your rights, enter a plea, preserve defenses, and make sure the case is set properly for the next step.

What Happens at a Colorado Arraignment?

Every court handles arraignments a little differently, but a typical Colorado arraignment may include:

  • The judge or court advises you of the charge
  • You are advised of certain constitutional rights
  • You enter a plea
  • The court addresses bond or release conditions if needed
  • The court may address protection orders
  • The next court date is set
  • Deadlines may begin running

Some arraignments take only a few minutes. Others take longer, especially if there are bond issues, protection-order issues, language-access issues, discovery issues, or questions about whether the person needs an attorney.

What Plea Should You Enter at Arraignment?

In most Colorado criminal cases, a person should plead not guilty at arraignment unless there is a specific, well-considered reason not to. A not guilty plea does not mean the case must go to trial. It simply preserves your rights and gives the defense time to investigate.

After a not guilty plea, the defense can:

  • Review police reports
  • Review body camera footage
  • Investigate witnesses
  • Evaluate constitutional issues
  • File motions
  • Negotiate with the prosecutor
  • Prepare for trial if necessary

A guilty plea at arraignment can have immediate consequences. It may waive defenses, lead to sentencing, create a criminal record, affect immigration status, trigger probation, or create collateral consequences that were not obvious at the time.

Do You Have to Appear at Arraignment?

Whether you must personally appear at a Colorado arraignment depends on the court, the charge, the type of case, and whether the judge permits an attorney to appear on your behalf.

In many misdemeanor cases, an attorney may be able to appear for the client if the court allows it. In felony cases, personal appearance is more commonly required. Some courts allow Webex or remote appearances in certain situations, while others require in-person attendance.

You should never assume you can skip an arraignment. Missing court can lead to:

  • A bench warrant
  • Bond revocation
  • Additional bond conditions
  • Loss of personal recognizance release
  • Arrest
  • Additional stress and expense

If appearing in person is difficult because of work, childcare, travel, health, or living out of state, a lawyer can often ask the court for permission to appear remotely or waive personal appearance when appropriate.

Bond, Protection Orders, and Release Conditions

Arraignment may also affect bond conditions and protection orders. Even when bond was addressed earlier, the court may revisit conditions depending on the case.

Common conditions include:

  • No contact with an alleged victim
  • No alcohol or drugs
  • Monitored sobriety
  • GPS or electronic monitoring
  • No weapons
  • No return to a location
  • Travel restrictions
  • Pretrial supervision

Protection orders are especially important. Many people violate protection orders without meaning to because they do not understand how broad the order is. A “no contact” order may prohibit calls, texts, emails, social media messages, third-party contact, and even friendly communication.

Misdemeanor vs. Felony Arraignments in Colorado

Colorado misdemeanor and felony arraignments can feel similar, but the larger case structure is different.

Issue Misdemeanor Arraignment Felony Arraignment
Court Usually county court Usually district court after felony filing or bindover
Appearance Attorney may sometimes appear for client Personal appearance is more commonly required
Next Step Pretrial conference, motions, trial setting, or disposition hearing Pretrial conference, motions, disposition, trial setting, or additional felony proceedings
Risk Jail, probation, fines, record consequences, protection orders Prison exposure, felony conviction, probation, parole, collateral consequences

What Happens After Arraignment?

After arraignment, the case usually moves into the discovery, negotiation, motions, and trial-preparation phase. This is where the defense begins testing the government’s case.

Depending on the charge, the next steps may include:

  • Receiving discovery from the prosecutor
  • Reviewing police reports and body camera footage
  • Requesting missing evidence
  • Investigating witnesses
  • Negotiating with the district attorney
  • Filing suppression motions
  • Challenging statements, searches, or identification evidence
  • Setting the case for trial

For many cases, arraignment is the beginning of meaningful defense work—not the end of the case.

Mistakes to Avoid at Arraignment

Common mistakes include:

  • Pleading guilty just to “get it over with”
  • Trying to explain the case to the judge
  • Missing court
  • Not understanding a protection order
  • Ignoring bond conditions
  • Talking to prosecutors without understanding the consequences
  • Assuming the police report tells the whole story
  • Waiting too long to hire a lawyer

Most people should not try to litigate the facts at arraignment. The better approach is usually to enter a not guilty plea, preserve your rights, and begin preparing the defense.

How a Colorado Criminal Defense Lawyer Can Help

A lawyer can often help before arraignment by reviewing the charge, checking the court date, discussing whether you must appear, preparing for bond or protection-order issues, and advising you about the plea.

At or after arraignment, a defense lawyer can:

  • Enter a not guilty plea
  • Ask the court to preserve favorable bond conditions
  • Request modifications to bond or protection orders
  • Confirm future dates and deadlines
  • Request discovery
  • Begin negotiations with the prosecutor
  • Identify constitutional issues
  • Prepare motions and trial strategy

Josh Landy is a former Colorado State Public Defender and trial-focused criminal defense lawyer who has tried more than 200 cases. Landy Criminal Defense represents people facing misdemeanor, felony, DUI, domestic violence, drug, assault, and serious criminal charges throughout Colorado.

If you have an upcoming arraignment in Denver, Lakewood, Jefferson County, Adams County, Arapahoe County, Douglas County, Weld County, or anywhere in Colorado, early preparation can make the process less overwhelming and protect your rights.

Schedule a confidential consultation today.

Frequently Asked Questions

What is an arraignment in Colorado?

An arraignment is a court hearing where the accused person is advised of the charges, enters a plea, and receives future court dates.

What happens at a Colorado arraignment?

The court usually confirms the charges, advises the person of rights, asks for a plea, addresses future dates, and may address bond or protection-order issues.

Should I plead guilty at arraignment?

In most cases, no. A not guilty plea usually preserves your rights and gives the defense time to review evidence, investigate, negotiate, and file motions.

Do I have to appear at arraignment?

It depends on the charge, court, and judge. In some misdemeanor cases, a lawyer may be able to appear for you. In felony cases, personal appearance is more commonly required.

What happens if I miss arraignment?

The court may issue a bench warrant, revoke bond, impose stricter conditions, or require you to appear in custody.

Can bond be changed at arraignment?

Sometimes. The court may address bond, release conditions, pretrial supervision, or protection orders depending on the case.

Is arraignment the same as trial?

No. Arraignment is an early hearing. Trial happens later if the case does not resolve and the defendant chooses to require the prosecution to prove the case.

Can I talk to the prosecutor at arraignment?

You should be careful. Anything you say can affect your case. It is usually better to speak with a defense lawyer before discussing facts or possible resolutions.

What comes after arraignment?

The case usually moves to discovery review, pretrial conferences, negotiation, motions, and trial preparation.

Can my lawyer go to arraignment for me?

Sometimes, especially in certain misdemeanor cases if the court permits it. Whether that is allowed depends on the case and the court.

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