Colorado Revised Statutes

Colo. Rev. Stat. § 18-1-404 (2026)

Preliminary hearing or waiver - dispositional hearing

✓ current as of July 2026

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(1) Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. In addition, only those persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, or is a sexual offense under part 4 of article 3 of this title, shall have the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offense charged in the information or felony complaint was committed by the defendant. The procedure to be followed in asserting the right to a preliminary hearing, and the time within which demand therefor must be made, as well as the time within which the hearing, if demanded, shall be had, shall be as provided by rule of the supreme court of the state of Colorado. A failure to observe and substantially comply with such rule is a waiver of the right to a preliminary hearing.

(2) (a) No person accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony by direct information or felony complaint, except those which require mandatory sentencing or which are crimes of violence as defined in section 18-1.3-406, or which are sexual offenses under part 4 of article 3 of this title, shall have the right to demand or receive a preliminary hearing; except that such person shall participate in a dispositional hearing for the purposes of case evaluation and potential resolution.

(b) Any defendant accused of a class 4, 5, or 6 felony or level 3 or level 4 drug felony who is not otherwise entitled to a preliminary hearing pursuant to paragraph (a) of this subsection (2), may demand and shall receive a preliminary hearing within a reasonable time pursuant to subsection (1) of this section, if the defendant is in custody; except that, upon motion of either party, the court shall vacate the preliminary hearing if there is a reasonable showing that the defendant has been released from custody prior to the preliminary hearing.

Source: L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-504. L. 98: Entire section amended, p. 1272, § 2, effective July 1. L. 2002: (1) and (2)(a) amended, p. 1510, § 178, effective October 1. L. 2014: Entire section amended, (SB 14-163), ch. 391, p. 1970, § 6, effective June 6. Cross references: (1) For the rule of the supreme court on preliminary hearings, see Crim. P. 5.

(2) For the legislative declaration contained in the 2002 act amending subsections (1) and (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1986–2021 · leading case: In Re People v. Rowell, 2019 CO 104 (Colo. 2019).

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In Re People v. Rowell, 2019 CO 104 (Colo. 2019). · cites it 3× “” Because any differences are not material to our resolution of this appeal, we limit our discussion to section 16-5-301.”

People v. Armstrong, 720 P.2d 165 (Colo. 1986). · cites it 4× “Because preliminary hearings under section 18-1-404, 8 C.R.S. (1978), are only available for felony charges, the district court's initial ruling at the preliminary hearing that probable cause existed to believe that the defendant had committed assault did not encompass the…”

People v. Simpson, 292 P.3d 1153 (Colo. Ct. App. 2012). · cites it 4× “2012; see § 18-1-404(1), C.R.S.2012 (containing identical language); see also Crim.”

In re People v. Subjack & No. 20SA283, In re People v. Lynch, 2021 CO 10 (Colo. 2021). · cites it 2× “if the defendant is in custody for the offense for which the preliminary hearing is requested.”

People v. MacRander, 756 P.2d 356 (Colo. 1988). · cites it 2× “§ 18-1-404, 8B C.R.S. (1986); Crim.P. 5(a)(4).”

In Re: The PEOPLE of the State of Colorado v. David SUBJACK, In Re: The People of the State of Colorado v. Darryl Lewis Lynch, 480 P.3d 114 (Colo. 2021). · cites it 2× “See § 16-5-301 (1) (a) , (1) (b) (I) ; see also § 18-1-404 (1) , (2) (a) , C.R.S. ( 2020 ) .”

v. Vanness, 2020 CO 18 (Colo. 2020). · cites it 3× “2 Section 18-1-404, C.R.S. (2019), is similar to section 16-5-301.”

People v. Vargas-Reyes, 434 P.3d 1198 (Colo. Ct. App. 2018). · cites it 3× “2018; see also § 18-1-404, C.R.S. 2018. The dispositional hearing is "for the purposes of case evaluation and potential resolution.”

v. Bros., 2021 COA 109 (Colo. Ct. App. 2021). · cites it 3× “8 ¶ 18 As pertinent here, “a person charged with a class 4, 5, or 6 felony is not automatically entitled to a preliminary hearing unless the felony charged requires mandatory sentencing, is a crime of violence, or is a sexual offense.”

Commonwealth v. Carter, 64 Va. Cir. 224 (Norfolk Cir. Ct. 2004). “In the instant case, it could be argued that Defendant’s waiver of his preliminary hearing in reliance on the Commonwealth’s plea agreement constituted detrimental reliance and could, under normal circumstances, entitle Defendant to specific performance of the agreement.…”

— Colo. Rev. Stat. § 18-1-404(1) — 3 cases

People v. Simpson, 292 P.3d 1153 (Colo. Ct. App. 2012). “2012; see § 18-1-404(1), C.R.S.2012 (containing identical language); see also Crim.”

In re People v. Subjack & No. 20SA283, In re People v. Lynch, 2021 CO 10 (Colo. 2021). “if the defendant is in custody for the offense for which the preliminary hearing is requested.”

v. Bros., 2021 COA 109 (Colo. Ct. App. 2021). “8 ¶ 18 As pertinent here, “a person charged with a class 4, 5, or 6 felony is not automatically entitled to a preliminary hearing unless the felony charged requires mandatory sentencing, is a crime of violence, or is a sexual offense.”

— Colo. Rev. Stat. § 18-1-404(2)(a) — 1 case

People v. Vargas-Reyes, 434 P.3d 1198 (Colo. Ct. App. 2018). “2018; see also § 18-1-404, C.R.S. 2018. The dispositional hearing is "for the purposes of case evaluation and potential resolution.”

— Colo. Rev. Stat. § 18-1-404(2)(b) — 1 case

In re People v. Subjack & No. 20SA283, In re People v. Lynch, 2021 CO 10 (Colo. 2021). “if the defendant is in custody for the offense for which the preliminary hearing is requested.”

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