A long courthouse hallway with wooden benches and tall windows

Your first court date in a Colorado criminal case: what actually happens

What happens at your first court date in a Colorado criminal case, from courthouse security to the advisement, the judge's questions and what you leave with.

Your first court date in a Colorado criminal case is usually short, often crowded and mostly about your rights, your bond and the next date on the calendar. It isn't the day the court decides whether you did what you're accused of. Most people spend far more time in the security line and the hallway than in front of the judge, and knowing the order of things makes the day easier to get through.

November adds a wrinkle. Courts try to move cases before the holiday slowdown, so dockets tend to be full and waits can run long. Plan to give the court your whole morning or afternoon, and arrange work and childcare with that in mind.

Which court you're in changes the details

Most first appearances happen in one of three kinds of court. County court hears misdemeanors, traffic crimes and DUI cases. District court hears felonies. Municipal courts hear violations of a city's own ordinances, which can include charges like shoplifting, trespass or disorderly conduct written under city code instead of state law.

Procedure also varies from one county or city to the next. Some courts hold first appearances in person and others allow video appearances for certain hearings. Some call cases in a set order and others call people as they check in. In a felony case, the first advisement may happen in a different courtroom, or in front of a different judge or magistrate, than the rest of the case. If you're facing a felony, the page on how a felony case moves through court lays out the stages that come after this first date.

Getting through security

Every Colorado courthouse screens people at the door, usually with a metal detector and an X-ray for bags. Leave pocketknives, pepper spray, multi-tools and anything else that could be called a weapon at home. Rules about phones differ by building and by courtroom, so expect to silence yours at a minimum and be ready to put it away entirely.

Arrive well ahead of your time. Security lines at busy courthouses move slowly at the start of a docket, and walking in late can cause real problems with the court. Bring your paperwork, a photo ID, a pen and a short written list of questions. Dress the way you would for a job interview. Nobody expects a suit, but neat and plain clothing is the safe choice.

Finding your courtroom and checking in

Your paperwork should give a courtroom or division number. Many courthouses post the day's docket near the entrance, on screens in the lobby or on the wall outside each courtroom. Find your name and confirm the room. If you can't find yourself on any list, go to the clerk's office and ask before you sit down somewhere.

Check-in works differently from courtroom to courtroom. Some have a clerk or a sign-in sheet at the front, and others simply call names in order. Watch what other people do, or quietly ask court staff. Court may already be in session when you walk in, so keep your voice down and stay seated until you're called.

If you need an interpreter, Colorado courts provide them in criminal cases. Tell the clerk as soon as you arrive, and if you can, let the court know before your date.

The advisement of rights

Before cases are called one by one, many courts give a group advisement. The judge, or sometimes a recorded video, explains everyone's rights at once. Other courts advise each person individually when the case is called. Either way, you'll hear the same core rights:

  • You have the right to remain silent, and anything you say can be used against you.
  • You have the right to a lawyer, and if you can't afford one and jail is a possible penalty, you can ask the court to appoint one.
  • You're presumed innocent, and the prosecution has to prove the charge beyond a reasonable doubt.
  • You have the right to a trial, and in many cases a jury trial.

The court will also tell you what you're charged with and the range of possible penalties. Listen closely, because the judge will ask whether you understood it.

What the judge asks when your case is called

When your name is called, walk to the front and stand where the clerk or bailiff directs you. The questions are usually short and practical. Expect the judge to confirm your name and mailing address, because that's where the court will send notices. You'll be asked whether you understood your rights and the charges, and whether you have a lawyer, want time to hire one or want to apply for a public defender or court-appointed lawyer.

Depending on the court and the type of case, the judge may also ask how you want to proceed or whether you're ready to enter a plea. You can say you'd like time to speak with a lawyer first. Courts routinely allow that at a first appearance. Pleading guilty just to be done with it can carry consequences that last much longer than the morning in court.

In some county and municipal courts, a prosecutor may speak with people who don't have lawyers and describe an offer that same day. You don't have to accept anything on the spot, and it's reasonable to take the offer to a lawyer before deciding.

The judge will also go over your bond conditions. If you're already out, the judge may confirm or change them. Common conditions include no alcohol, no contact with certain people, check-ins or testing. Keep your answers brief and respectful. "Yes, Your Honor" and "I'd like time to get a lawyer" cover most of what you'll need to say.

What you'll leave with

Before you walk out of the courthouse, make sure you have these in hand:

  • Your next court date, time and courtroom, in writing.
  • A copy of your bond conditions.
  • A copy of any protection order, which is standard in domestic violence cases and can apply in others. Read every term, because violating one is a separate crime.
  • Instructions for any pretrial supervision, monitoring or testing the judge ordered, including where and when to report.
  • The application or instructions for a public defender or court-appointed lawyer, if you asked for one.

If anything is missing or confusing, ask the clerk before you leave. It's much easier to fix while you're standing in the building than after you've driven home.

Talking to a lawyer before the date helps

A lawyer can stand next to you at the first appearance, speak to the judge about bond conditions, ask for changes that let you keep working or caring for family, and tell you whether any offer deserves a second look. Will Frankfurt has defended criminal cases in Colorado for 28 years, and most of his work is DUI and misdemeanor defense in county and municipal courts across the state, along with felony cases.

Consultations are free, by phone or in person. You can reach the office through the contact page or by calling or texting (720) 371-3101 at any hour, and Will usually calls back within about 10 minutes.

Free consultation

Charged with a crime in Colorado? Make the first call count.

Tell Will what happened and read him the paperwork. The consultation is free, by phone or in person, and he usually calls back within about 10 minutes.

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