Boulder County Bar Association

The law requires that when a person is arrested, he or she be taken without unnecessary delay to appear before the nearest available county or district court judge. In Boulder County, the jail has a courthouse at the jail for this purpose. Advisement hearings are scheduled each weekday at 2 p.m. Advisements are also conducted on Saturdays. Responsibility for conducting advisements rotates among the county court judges with assistance from the magistrates.

If the person was arrested without a warrant, the court reviews police reports and other information to determine whether there was probable cause to support the arrest. If the court does not find probable cause, the court should release the person on a personal recognizance bond. In all other situations, the court will determine what type and amount of bond are appropriate.

If the person has been arrested for a felony, it is often the case that the prosecution is still determining what, if any, charges should be filed. Therefore, a person arrested for a felony is advised that he or she is under investigation and a court date is set, usually within three days, for the filing of charges. If the person has been arrested pursuant to a warrant and charges have already been filed, then the person may request a preliminary hearing or a dispositional hearing as further described below.

If the person has been arrested for a misdemeanor or petty offense, then charges have already been filed. In misdemeanor cases, many judges proceed immediately to arraignment, that is, the taking of a plea. A defendant who wishes to plead guilty may do so at this time. A defendant who wishes to engage in plea negotiations or to contest his case, may enter a plea of not guilty and ask that the case be set for a pre-trial conference as further described below.