Your attorney mentioned a preliminary hearing is coming up, and now you’re staring at a date on a calendar that feels like it’s rushing toward you no matter how you look at it. You don’t know what a judge is going to ask, whether you’ll have to speak, or whether this is the moment your case gets decided one way or another. Nobody handed you a manual for this, and every search only turns up more legal terms you don’t recognize.
Triple L Law PC understands how unsettling it is to walk into a hearing, and we prepare you for the process so you walk into that courtroom knowing your rights and with us standing right beside you.
What Happens at a Preliminary Hearing?
We are used to seeing trials on television dramas, Court TV, or in our own service on a jury, but a preliminary hearing is much narrower in scope and usually moves more quickly than a trial. A judge, not a jury, reviews limited evidence and decides only one thing: whether there is probable cause to believe that a crime happened and that the defendant likely did it.
This is not your trial, and the judge is not deciding whether you are guilty.
Who Has the Right to Request a Preliminary Hearing?
The Colorado sex crime court process gives many defendants charged with felony sex offenses the right to demand a preliminary hearing. That right does not trigger the hearing on its own; it must be requested.
Either side has seven days after the defendant’s appearance in the county court, or following the filing of the felony complaint in the court, to make that request, and the court must set the hearing to occur within 35 days of the date it is set unless good cause exists to delay. Missing that seven-day window has a real consequence: the county court automatically orders the case bound over to the appropriate trial court.
If this hearing is already on the calendar, someone, either the defense or the prosecution, has already exercised that right.
Who Is in the Courtroom, and What Is My Role?
A county court judge generally presides when the preliminary hearing arises from a felony complaint filed in county court. The prosecutor and your attorney are both present, as are you. You will not be asked to do anything at this hearing except to be there and hear what is happening. There will likely be a lot of legal terminology used; we can answer any questions you have about it or the evidence presented after the hearing.
Is the Hearing Open to the Public?
Preliminary hearings are generally open court proceedings. In some circumstances, such as a sex crime case, a party may ask the judge to exclude the general public from the courtroom during the hearing. The judge must write specific findings supporting that decision and keep the order as narrow as possible. A victim’s advocate can still be present even when the judge grants it.
What Should You Expect Walking In?
There are usually no opening statements or closing arguments as you would see at trial, so this will not look like court the way many people expect. The prosecutor calls only enough witnesses or presents enough evidence to meet the probable cause standard.
Your attorney’s role here may look different from what you expect. Colorado’s rules give your attorney the option to cross-examine the prosecution’s witnesses and introduce evidence at this hearing, but nothing requires the defense to do either. That option exists because the prosecutor bears the full burden of establishing probable cause at this hearing and, later, must prove guilt beyond a reasonable doubt at trial if this goes that far.
It may not always feel like it, but you have the presumption of innocence unless and until the State proves you guilty beyond a reasonable doubt, so if your attorney chooses not to cross-examine or introduce evidence, that is a decision, not a failure to act.
Here is what most people do not understand about this hearing: a finding of probable cause is not a sign that you will likely be convicted later. A hearing that ends with that finding means the case is moving on to the next phase.
What Happens After the Ruling?
If the judge finds probable cause, the case is bound over to the appropriate trial court to move toward trial. If not, the court dismisses the affected charge or charges. Keep in mind that a dismissal here does not always close the case: the prosecution may appeal, file a new charge directly in district court, or take the matter to a grand jury, but it cannot refile the same felony complaint in county court after a finding of no probable cause.
Why Does This Process Take So Long?
This hearing is one of several that a sex crime case may move through before trial, and delays can be a normal part of that path. A hearing can get pushed back because an expert needs more time to review evidence, a witness cannot appear on the scheduled date, or another reason provides good cause for a continuance. None of that necessarily means something has gone wrong.
There is no single set length for the hearing itself. How long it takes depends on the number of witnesses, the evidence presented, and the issues the judge must consider.
We understand how hard it is to wait through that uncertainty when your future is on the line, but we will be with you through every phase.
How Triple L Law PC Approaches Hearings from Arrest to Trial
Triple L Law PC treats a preliminary hearing the same way it treats every stage of a sex crime case: as part of a trial-ready strategy, not a formality to get through. The firm’s extensive trial experience gives it a clear picture of which arguments hold up in front of a judge and which fall apart, and that perspective shapes how the firm approaches even the earliest hearings.
Clients move through each stage with a dedicated paralegal and full access to the team via the client portal, so questions about what a hearing means for their case are answered quickly rather than left unresolved. Recognition from the American Institute of Trial Lawyers reflects a track record earned in the courtroom, from the first hearing to the last.
Charged Doesn’t Mean Convicted. Let’s Talk About It.
You do not have to walk into that courtroom without knowing what happens at a preliminary hearing and how to handle it. Our attorneys can answer the questions keeping you up at night and give you a clear picture of where things stand. Reach out today to schedule a confidential consultation.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Preliminary Hearing or Waiver, Dispositional Hearing, C.R.S. § 16-5-301.
- Preliminary Proceedings, Colo. Crim. P., Rule 5.
- Presumption of Innocence, Cornell Law School, Legal Information Institute (LII).
