When a person is arrested in Colorado, they have a right to know what the charges are against them. They also have a right to plead guilty or not guilty. This all happens at an arraignment or first appearance. It can be a particularly nerve-wrecking time for anyone, even those who have been been through the court system before.
Knowing what to expect can help relieve some anxiety, and Walker Pritchard will inform you of the process and your rights. We believe informed clients make the best decisions for themselves. Contact us at 720-329-4149 to schedule a Free Consultation and get the help you need to get the best outcome in your unique situation.
Arraignment/First Advisement Process in Colorado
After an arrest, your first court date is commonly referred to as a First Appearance or Hearing on Advisement. Its purpose is to advise the defendant of their right to know the charges against them, as such, the judge formally reads the charge or charges to a defendant. A defendant can enter a plea at that time, but it is not customary.
Timing of the First Advisement
A defendant cannot be held indefinitely without knowing what the charges are against them. They must be allowed to seek release from custody, if possible. An initial appearance, therefore, must occur within 48-hours of the defendant being arrested and arriving at a holding facility. Arraigning the defendant at an early stage ensures:
- Their case is progressing; and
- They are not spending more time in custody than necessary.
Summary of a First Advisement
The specific procedures and rules for arraignment vary among jurisdictions. In addition to reading the charges and potentially taking the defendant's plea, a court may also read out the substance of the charges, confirm that the defendant understands them, and inform the defendant of their relevant constitutional rights, like their right to a court-appointed lawyer. The judge will also set bond and schedule the next court date based on what occurs at arraignment.
Will I Be Released or Remain in Custody?
At first appearance, the judge will hear argument from the prosecution and the defense, and will set bond accordingly. The most important factors considered are whether the defendant will return to court, and whether the defendant will remain law-abiding while on bond.
You can be released on your own recognizance, meaning that your signature is your promise to return to court and remain law-abiding while on bond. Personal Recognizance bonds are more common in less serious criminal cases.
In setting bond, the judge will consider many factors:
- Whether you have family ties in the area
- Whether you are employed
- What your ability and resources are to flee the city, state, or even the country
- What danger, if any, you pose to the community
- Your criminal record
- Any other factor that may be relevant
When released either on your own recognizance or by bail, the judge can set certain terms and conditions of the release. If you violate the conditions, you can be taken into custody.
In any of the scenarios, it is always best to have a competent, committed criminal defense representing your interests. Walker Pritchard has the skill, knowledge, and resources to negotiate, strategize, and argue successfully in your defense.
Do You Need a Criminal Defense Lawyer for a First Advisement in Colorado ?
Most people don't plan to be arrested. If you do not have an attorney retained, you will be represented by the Public Defender at your first appearance. If, however, you are aware of a warrant for your arrest, it's worthwhile to speak with an attorney before you turn yourself in/are arrested so you can obtain advice relevant to your case and the options available to you. Engaging an attorney at this early stage also allows them to start preparing for your trial.
Contact a Criminal Defense Attorney in Denver Today
An arraignment can be scary for many people, especially if it is your first time before a judge in open court. All eyes will be on you when the charges against you are read. Not only is a criminal defense attorney a strategic move on your part, it is also a comforting one. Knowing that someone has your interests in mind will help you throughout the course of the arraignment and your criminal case.
Contact Walker Pritchard today either by filling out the online form or calling us at 720-329-4149 to schedule a Free Consultation. We are here to help you get through the criminal system as best as possible.