An arraignment hearing in Colorado is the court appearance where the judge formally reads the criminal charges against you and you enter a plea of guilty, not guilty, or no contest. It is usually short. It is also the moment that triggers your speedy trial deadline and sets the schedule for everything that follows, so what you say and who stands next to you when you say it matters.
What Happens at the Hearing
The arraignment takes place in the court with trial jurisdiction over your case, which is normally the court where the charges were filed.1Justia. Colorado Code 16-7-201 – Place of Arraignment The judge confirms your identity, reads the formal charges, and asks how you plead. If you do not yet have a lawyer, the court addresses that before asking for a plea.
Most arraignments are brief. In many Colorado courts, defense attorneys waive the formal reading of the charges when they have already reviewed the charging documents with their client. Bail can be revisited here if circumstances have changed since your initial appearance. If you plead not guilty, the court sets the next hearing dates and the case moves into the pretrial phase.
Your attorney does most of the talking. Beyond entering your plea, you are not required to say anything, and the Fifth Amendment protection against self-incrimination applies at arraignment just as it does at trial.
How It Differs From Your Initial Appearance
Colorado criminal cases involve two early hearings that get confused constantly, and if you were just arrested, the hearing on your calendar may not actually be the arraignment.
The initial appearance comes first, governed by Rule 5 of the Colorado Rules of Criminal Procedure. If you are arrested, you must be brought before a judge “without unnecessary delay.”2Colorado Judicial Branch. Colorado Rules of Criminal Procedure – Rule 5 Preliminary Proceedings At that first hearing, the judge tells you what you are charged with, advises you of your rights, and addresses bail. You do not enter a plea.
The arraignment comes later, sometimes at an entirely separate hearing. For defendants released on bail or a summons, it may be scheduled weeks after the initial appearance. For defendants held in custody, it typically follows more quickly because speedy trial deadlines are already a concern.
Your Plea Options
Colorado gives you several plea options, and the one you choose shapes everything that follows. Talk through the choice with your attorney before you walk into court, not on the spot.
- Not guilty. The most common plea at arraignment, even when the evidence looks strong. Pleading not guilty preserves all your rights and gives your attorney time to review discovery, investigate, and negotiate. It is not a claim of innocence for all time; you can change your plea later if a favorable deal comes together.
- Guilty. Admits every element of the charge. The case moves directly to sentencing, either immediately or at a later hearing. Most guilty pleas at arraignment follow negotiations in which the prosecution has agreed to reduced charges or a sentencing recommendation. Once the court accepts a guilty plea, reversing it is extremely difficult.
- No contest (nolo contendere). Functions like a guilty plea for criminal purposes; you will be convicted and sentenced the same way. The difference matters in civil court. A guilty plea can be used as evidence of liability in a related lawsuit, but a no contest plea cannot. That makes it a strategic choice when the same incident could produce a civil claim against you.
Colorado also permits a version of the Alford plea, where you plead guilty while maintaining that you are innocent, acknowledging only that the prosecution has enough evidence to likely convict you at trial. Under Colorado Rule of Criminal Procedure 11(a), a nolo contendere plea requires the court’s consent. An Alford plea goes further and requires agreement from both the district attorney and the judge. You have no absolute right to enter one, and judges or prosecutors may refuse for any number of reasons, including the severity of the offense or the interests of victims.
Your Rights Before You Plead
The Colorado Constitution guarantees that in any criminal prosecution, you have the right to appear and defend in person and through an attorney, to demand the nature of the accusation against you, to confront witnesses face to face, and to a speedy public trial by an impartial jury.3Justia. Colorado Constitution Article II – Bill of Rights Several of those rights do real work at arraignment.
Knowing the Charges
You cannot be asked to plead until you understand exactly what the prosecution is accusing you of. The court must make sure you know the specific offenses charged, the elements the prosecution would have to prove, and the potential penalties. The charges at arraignment sometimes differ from what you were told at arrest, especially if the district attorney’s office has upgraded, downgraded, or added counts after reviewing the evidence.
Having a Lawyer
You have the right to be represented by a lawyer at every critical stage of your case, starting with your first court appearance. If you cannot afford one, the court will appoint a public defender. The court must confirm you understand this right and must give you the chance to request appointed counsel before the arraignment moves forward. Waiving counsel requires a knowing and voluntary decision, and judges take that inquiry seriously.
Deadlines the Arraignment Triggers
Entering a not guilty plea starts the six-month speedy trial clock under C.R.S. § 18-1-405. If the prosecution does not bring you to trial within six months, the charges must be dismissed, and you cannot be recharged for the same conduct.4Justia. Colorado Code 18-1-405 – Speedy Trial If you are in custody and have not posted bail, you must also be released.
The clock does not run continuously. Several categories of delay do not count against the six months, including continuances you request, delays caused by your failure to appear, and continuances the prosecution requests due to unavailable evidence (capped at six months if the court finds the request justified). If a conviction is reversed on appeal, the prosecution gets a fresh six-month window starting from when the appellate order reaches the trial court.4Justia. Colorado Code 18-1-405 – Speedy Trial Six calendar months on the wall does not necessarily mean the deadline has expired.
If you are charged with a felony, the arraignment timing also matters for a separate right: you can request a preliminary hearing, where a judge decides whether there is enough evidence to send the case to trial.2Colorado Judicial Branch. Colorado Rules of Criminal Procedure – Rule 5 Preliminary Proceedings You must request the hearing within seven days of your first court appearance, and the hearing must be held within 35 days of the request unless you waive the time limit. The prosecution has to show only probable cause, not guilt beyond a reasonable doubt, but your attorney gets an early look at the evidence and can cross-examine witnesses.
If You Miss Your Arraignment
Missing your arraignment creates two separate problems: an immediate response from the court, and a potential new criminal charge.
The judge will almost certainly issue a bench warrant for your arrest under C.R.S. § 16-2-110.5Justia. Colorado Code 16-2-110 – Failure to Appear Law enforcement can pick you up at any time, during a traffic stop, at home, or at work. Any bail you posted may be forfeited.
Failing to appear while on bond is also a separate criminal offense under C.R.S. § 18-8-212, and the severity depends on the circumstances:6Justia. Colorado Code 18-8-212 – Violation of Bail Bond Conditions
- If you are on bond for a felony and knowingly skip court with the intent to avoid prosecution, that is a Class 6 felony. A Class 6 felony carries a presumptive prison sentence of 12 to 18 months and a fine between $1,000 and $100,000.7FindLaw. Colorado Revised Statutes Title 18 Criminal Code 18-1.3-401
- If you intentionally fail to appear for a proceeding where victims or witnesses showed up, that is a Class 2 misdemeanor regardless of whether the underlying charge is a felony or misdemeanor. The maximum penalty is 120 days in jail and a $750 fine.8Justia. Colorado Code 18-1.3-501 – Misdemeanor Penalties
What Comes Next
Arraignment is the starting gate. After a not guilty plea, your case enters the pretrial phase, where most of the real work happens. Your attorney receives discovery (the prosecution’s evidence, police reports, witness statements, and lab results) and may file motions to suppress illegally obtained evidence, challenge the sufficiency of the charges, or seek other relief. Plea negotiations often intensify during this period as both sides see the strengths and weaknesses of the case more clearly. Most Colorado criminal cases resolve through plea agreements rather than trial, and the leverage your attorney has in those negotiations depends heavily on the groundwork laid now.