A disposition hearing in Colorado is a scheduled court date where the prosecutor and your defense attorney try to resolve your criminal case without going to trial. It’s required in cases involving certain mid- and lower-level felonies that don’t qualify for a preliminary hearing. The judge is there to oversee the discussion and to review any plea agreement the two sides work out.
Which Cases Get a Dispositional Hearing
Colorado splits felonies into two tracks. Class 1, 2, and 3 felonies, along with level 1 and level 2 drug felonies, get a preliminary hearing where a judge decides whether probable cause exists. Those cases don’t go to a dispositional hearing.1Justia. Colorado Code 16-5-301 – Preliminary Hearing or Waiver – Dispositional Hearing
Class 4, 5, and 6 felonies and level 3 and level 4 drug felonies are the dispositional hearing track. There’s no preliminary hearing in those cases. Instead, you appear at a dispositional hearing for case evaluation and potential resolution.1Justia. Colorado Code 16-5-301 – Preliminary Hearing or Waiver – Dispositional Hearing
Three exceptions pull a class 4, 5, or 6 felony back onto the preliminary hearing track: offenses that carry mandatory sentencing, crimes of violence, and sexual offenses. If your charge fits one of those, you keep the right to a preliminary hearing regardless of class.
Custody matters too. If you’re charged with a class 4, 5, or 6 felony that would normally go to a dispositional hearing but you haven’t bonded out, you can demand a preliminary hearing. If you’re released before that hearing happens, either side can ask the court to cancel it.1Justia. Colorado Code 16-5-301 – Preliminary Hearing or Waiver – Dispositional Hearing
What Happens in the Courtroom
This is not a mini-trial. No witnesses testify, no evidence is formally admitted, and the judge is not deciding whether you’re guilty.
The prosecutor usually starts by laying out the charges and any plea offer on the table. Your defense attorney responds, raising weaknesses in the state’s case, mitigating facts, or a counteroffer. If the two sides agree, they present the deal to the judge. The judge then accepts or rejects it. If accepted, the case moves toward resolution the same day or at a scheduled sentencing hearing. If rejected, the lawyers go back to negotiating or the case gets set for trial.
You have to be there in person. If an agreement is reached, you change your plea in front of the judge and go through the plea advisements described below.
Possible Outcomes
Not every dispositional hearing ends with a guilty plea. Several things can happen:
- A plea agreement is reached and accepted by the judge. You plead guilty or no contest in exchange for specific terms, such as reduced charges, a recommended sentence, or a deferred judgment.
- The court grants a deferred judgment, where you plead guilty but the court holds off on entering a conviction while you complete conditions.
- The prosecutor dismisses one or more charges, often when evidence weakens or as part of an agreement on other counts.
- The hearing is continued so the parties can keep negotiating or you can decide whether to accept an offer.
- No agreement is reached, and the case is set for a pretrial conference and eventually trial.
What the Judge Will Tell You Before Accepting a Plea
If a plea comes together, the judge will not accept it until walking you through the advisements required by Colorado Rule of Criminal Procedure 11. This is often called a plea colloquy.
Before accepting the plea, the judge must confirm that you understand the nature of the charge and its elements, that your plea is voluntary and not coerced, that you’re giving up your right to a jury trial on all issues, and that you understand the possible penalties. The judge must also confirm you understand that the court is not bound by anyone’s promises about your sentence unless those promises are part of a formal plea agreement the court has approved.2Colorado Judicial Branch. Rule 11 – Pleas
That last point catches people off guard. If your attorney mentions a sentence the prosecutor might recommend, and it’s not written into the agreement, the judge can disregard it.
The court also needs a factual basis for the plea, meaning some evidence supports the charge you’re admitting. In a negotiated agreement you can waive this requirement, but the judge still has to confirm you understand what the deal is built on.2Colorado Judicial Branch. Rule 11 – Pleas
Deferred Judgment: The Outcome Worth Understanding First
A deferred judgment is one of the better outcomes available at this stage, and it works differently from a straight guilty plea. You plead guilty, but the court holds the plea without entering a conviction. You agree to follow conditions for a set period. Complete them and the plea is withdrawn and the charge dismissed with prejudice, so it can’t be refiled.3Justia. Colorado Code 18-1.3-102 – Deferred Sentencing of Defendant
The deferred period can run up to four years for a felony and two years for a misdemeanor, petty offense, or traffic offense. If you’re unable to pay restitution, the court can extend the period by an additional 182 days.3Justia. Colorado Code 18-1.3-102 – Deferred Sentencing of Defendant The conditions look a lot like probation: community service, treatment, restitution, and staying out of trouble.
The risk is real. Violate a condition and the court enters the conviction on your guilty plea and sentences you. You’ve already admitted guilt, so there’s no trial to fall back on. A deferred judgment also needs the written consent of the defendant, the defense attorney, and the district attorney, so the judge can’t impose one over anyone’s objection.3Justia. Colorado Code 18-1.3-102 – Deferred Sentencing of Defendant
Sentencing Ranges That Frame Any Offer
Because dispositional hearings handle class 4, 5, and 6 felonies, the presumptive sentencing ranges for those classes tell you how much is actually at stake when you weigh a plea. For offenses committed on or after July 1, 2020:
- Class 4 felony: 2 to 6 years in prison, 3 years of mandatory parole, fines of $2,000 to $500,000.
- Class 5 felony: 1 to 3 years in prison, 2 years of mandatory parole, fines of $1,000 to $100,000.
- Class 6 felony: 1 year to 18 months in prison, 1 year of mandatory parole, fines of $1,000 to $100,000.4FindLaw. Colorado Code 18-1.3-401 – Felonies – Classification – Presumptive Penalties
These are presumptive ranges. A judge generally sentences inside them unless aggravating or mitigating factors push the sentence outside. A plea agreement might call for the low end, probation instead of prison, or a deferred judgment that avoids a conviction altogether. That spread is why having a lawyer negotiate on your behalf at this stage matters.
What Happens If You Don’t Show Up
Skipping your dispositional hearing triggers immediate consequences. The judge can issue a bench warrant for your arrest, and law enforcement can pick you up on any contact, including a routine traffic stop.5Justia. Colorado Code 16-2-110 – Failure to Appear
If you posted bond, the court can declare it forfeited. The bonding agent gets notified by certified mail within 14 days of the forfeiture order. If you appear voluntarily or are brought in before judgment is entered on the forfeiture, the court will set the forfeiture aside and release the bond. If you don’t appear, the surety company or whoever put up cash bond ends up paying.6FindLaw. Colorado Code 16-4-114 – Bail Bond – Conditions for Release
Beyond the money, failing to appear damages your credibility with the court and can wreck plea negotiations in progress. Judges and prosecutors remember no-shows.
How to Prepare
Talk to your attorney before the hearing. You should know what you’re charged with, what offers are likely, and what the realistic range of outcomes looks like. If a deal is on the table, make sure you understand every condition, especially if it involves a deferred judgment. Ask what happens if you violate a condition, what sentence you’d be looking at without a deal, and whether there’s room to negotiate further.
Bring documents your attorney has asked for: proof of employment, enrollment in a treatment program, evidence of community ties. Those can strengthen your position during negotiations. Dress the way you would for a job interview. Address the judge as “Your Honor.” Get there early.
If you can’t afford a private attorney, ask the court about a public defender. Walking into a dispositional hearing without a lawyer almost always produces a worse result, because the Rule 11 advisements, the sentencing implications, and the gap between a straight guilty plea and a deferred judgment are all places where small misunderstandings cost years.
A Note on Juveniles and Victims
Colorado’s juvenile code mirrors the adult system. A juvenile accused of a delinquent act that would be a class 4, 5, or 6 felony goes to a dispositional hearing instead of a preliminary hearing, with the same exceptions for mandatory sentencing offenses, crimes of violence, and sexual offenses.7Justia. Colorado Code 19-2.5-609 – Preliminary Hearing or Waiver – Dispositional Hearing
Victims and their immediate family members have the right under the Colorado Constitution to be informed, present, and heard at critical stages of the case, including this one.8Justia. Colorado Constitution – Article II, Bill of Rights A victim’s input, particularly on sentencing or restitution, can shape whether a judge accepts a proposed agreement.