Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-7-207 (2026)

Court's duty to inform on first appearance in court and on pleas of guilty

✓ current as of July 2026
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(1) At the first appearance of the defendant in court or upon arraignment, whichever is first in time, it is the duty of the judge to inform the defendant and make certain that the defendant understands the following:

(a) The defendant need make no statement, and any statement made can and may be used against him or her.

(b) The defendant has a right to counsel.

(c) If the defendant is an indigent person, he or she may make application for a court- appointed attorney, and, upon payment of the application fee, he or she will be assigned counsel as provided by law or applicable rule of criminal procedure.

(d) Any plea the defendant makes must be voluntary on his or her part and not the result of undue influence or coercion on the part of anyone.

(e) The defendant has a right to bail, if the offense is bailable, and the amount of bail that has been set by the court.

(f) The defendant has a right to a jury trial.

(g) The nature of the charges against the defendant.

(2) The court shall not accept a plea of guilty or nolo contendere (no contest) without first determining that the defendant is advised of all the matters set forth in subsection (1) of this section and also determining:

(a) That the defendant understands the nature of the charge and the elements of the offense to which he is pleading and the effect of his plea;

(b) That the plea is voluntary on defendant's part and is not the result of undue influence or coercion on the part of anyone;

(c) That he understands the right to trial by jury;

(d) That he understands the possible penalty or penalties and the possible places of incarceration;

(e) That the defendant understands that the court will not be bound by any representations made to the defendant by anyone concerning the penalty to be imposed or the granting or the denial of probation, unless the representations are included in a formal plea agreement approved by the court and supported by the findings of the presentence report, if any; and

(f) That there is a factual basis for the plea. If the plea is entered as a result of a plea agreement, the court shall explain to the defendant and satisfy itself that the defendant understands the basis for the plea agreement, and the defendant may then waive the establishment of a factual basis for the particular charge to which he pleads guilty.

(3) This section applies to prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited and for which a court shall not issue a bench warrant, including a warrant for failure to appear.

Source: L. 72: R&RE, p. 222, § 1. C.R.S. 1963: § 39-7-207. L. 90: (1)(c) amended, p. 1039, § 2, effective July 1. L. 92: (1)(c) amended, p. 465, § 1, effective July 1. L. 2013: (1) amended, (HB 13-1210), ch. 306, p. 1623, § 2, effective January 1, 2014. L. 2016: (3) added, (HB 16-1309), ch. 366, p. 1541, § 3, effective (see editor's note). L. 2017: (3) amended, (HB 17- 1083), ch. 128, p. 438, § 1, effective July 1, 2018 (see editor's note).

Editor's note: The effective date of subsection (3) was changed from May 1, 2017, to July 1, 2018, by H.B. 17-1316. (See L. 2017, p. 607.)

Cross references: For the legislative declaration in HB 16-1309, see section 1 of chapter 366, Session Laws of Colorado 2016.

16-7-207.5. Court's duty to inform defendants with current or prior military service on first appearance in court and on pleas of guilty. (1) At the first appearance of a defendant in court or upon arraignment, whichever is first in time, the court shall ascertain whether the defendant is serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that the defendant may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. If the jurisdiction does not have a veterans treatment court, the court shall inform the defendant of the possibility of petitioning to transfer probation supervision after a plea or sentence in a case to a jurisdiction with a veterans treatment court pursuant to section 18-1.3-202.5.

(2) The court shall not accept a plea of guilty or nolo contendere without first determining whether the defendant is serving in the United States armed forces or is a veteran of such forces and, if so, informing the defendant as described in subsection (1) of this section.

(3) This section applies to, but is not limited to, prosecutions for violations of municipal charters and prosecutions for violations of municipal ordinances, except for traffic infractions for which the penalty is only a fine and arrest is prohibited.

Source: L. 2018: Entire section added, (HB 18-1078), ch. 135, p. 889, § 1, effective August 8. L. 2021: (1) amended, (HB 21-1016), ch. 214, p. 1135, § 1, effective September 7.

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1975–2025 · leading case: v. Timoshchuk, 2018 COA 153 (Colo. Ct. App. 2018).
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v. Timoshchuk, 2018 COA 153 (Colo. Ct. App. 2018). · cites it 10× “Section 16-7-207, C.R.S. 2018, in turn, sets out a defendant’s trial rights.”
People v. Cole, 584 P.2d 71 (Colo. 1978). · cites it 12× “11; section 16-7-207(2)(f), C.R.S.1973. [3] Such a determination, in turn, requires the defendant or his counsel to satisfy the court that the defendant's conduct giving rise to the more serious charges provides an adequate factual predicate to support a finding that he is…”
Patton v. People, 35 P.3d 124 (Colo. 2001). · cites it 2× “Section 16-7-207(@2)(f), 6 C.R.S. (2001); Crim.”
Allen v. Martin, 203 P.3d 546 (Colo. Ct. App. 2008). · cites it 3× “In Colorado, section 16-7-207(2)(f), C.R.S. 2007, and Crim.”
People v. Lambert, 539 P.2d 1238 (Colo. 1975). · cites it 12× “This motion alleges the failure of the trial court to comply with section 16-7-207, C.R.S. 1973. This statute and Crim.”
People v. Wade, 708 P.2d 1366 (Colo. 1985). · cites it 4× “The significance of the decision by a defendant to abjure fundamental constitutional protections afforded all citizens has been recognized legislatively in Colorado by the adoption of section 16-7-207, 8 C.R.S. (1978). 5 Crim.”
People v. Wright, 559 P.2d 249 (Colo. Ct. App. 1977). · cites it 6× “This interpretation of 32(e) is consistent with the trial court's obligation to "exercise an independent judgment in deciding whether to grant charge and sentence concessions.”
People v. Carino, 566 P.2d 1061 (Colo. 1977). · cites it 6× “Prior to the sentencing hearing, the trial court had available the probation reports containing the essential facts set out above. Neither defendant took exception to the facts contained in the probation reports.”
People v. Rockwell, 104 P.3d 900 (Colo. Ct. App. 2005). · cites it 4× “The supreme court has held that for purposes of § 16-7-207(@)(f) and Crim. P. 11, the factual basis is established from the record as a whole.”
People v. Cole, 570 P.2d 8 (Colo. Ct. App. 1977). · cites it 3× “Section 16-7-207(2)(f), C.R.S. 1973; Crim.”
People v. Moore, 841 P.2d 320 (Colo. Ct. App. 1992). · cites it 2× “09 (1986), which requires a trial court to advise an accused of the possible use of his guilty plea in future proceedings, defendant contends that each of these prior pleas is invalid since the record fails to show such an advisement.”
People v. Worsley, 553 P.2d 73 (Colo. 1976). · cites it 3× “See section 16-7-207(2)(f), C.R.S. 1973; Crim.”
Show all 22 citing cases →
— Colo. Rev. Stat. § 16-7-207(1) — 1 case
People v. Martinez, 533 P.2d 926 (Colo. 1975).
— Colo. Rev. Stat. § 16-7-207(1)(a) — 1 case
v. Timoshchuk, 2018 COA 153 (Colo. Ct. App. 2018). “Section 16-7-207, C.R.S. 2018, in turn, sets out a defendant’s trial rights.”
— Colo. Rev. Stat. § 16-7-207(1)(b) — 1 case
v. Timoshchuk, 2018 COA 153 (Colo. Ct. App. 2018). “Section 16-7-207, C.R.S. 2018, in turn, sets out a defendant’s trial rights.”
— Colo. Rev. Stat. § 16-7-207(1)(g) — 1 case
Peo v. Rodriguez (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 16-7-207(2) — 1 case
People v. Moore, 841 P.2d 320 (Colo. Ct. App. 1992). “09 (1986), which requires a trial court to advise an accused of the possible use of his guilty plea in future proceedings, defendant contends that each of these prior pleas is invalid since the record fails to show such an advisement.”
— Colo. Rev. Stat. § 16-7-207(2)(F) — 1 case
People v. Rockwell, 104 P.3d 900 (Colo. Ct. App. 2005). “The supreme court has held that for purposes of § 16-7-207(@)(f) and Crim. P. 11, the factual basis is established from the record as a whole.”
— Colo. Rev. Stat. § 16-7-207(2)(e) — 1 case
People v. Wright, 559 P.2d 249 (Colo. Ct. App. 1977). “This interpretation of 32(e) is consistent with the trial court's obligation to "exercise an independent judgment in deciding whether to grant charge and sentence concessions.”
— Colo. Rev. Stat. § 16-7-207(2)(f) — 10 cases
People v. Cole, 584 P.2d 71 (Colo. 1978). “11; section 16-7-207(2)(f), C.R.S.1973. [3] Such a determination, in turn, requires the defendant or his counsel to satisfy the court that the defendant's conduct giving rise to the more serious charges provides an adequate factual predicate to support a finding that he is…”
Allen v. Martin, 203 P.3d 546 (Colo. Ct. App. 2008). “In Colorado, section 16-7-207(2)(f), C.R.S. 2007, and Crim.”
People v. Carino, 566 P.2d 1061 (Colo. 1977). “Prior to the sentencing hearing, the trial court had available the probation reports containing the essential facts set out above. Neither defendant took exception to the facts contained in the probation reports.”
People v. Cole, 570 P.2d 8 (Colo. Ct. App. 1977). “Section 16-7-207(2)(f), C.R.S. 1973; Crim.”
People v. Worsley, 553 P.2d 73 (Colo. 1976). “See section 16-7-207(2)(f), C.R.S. 1973; Crim.”
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