How does plea bargaining work in Colorado?

1. Constitutional Framework

The Sixth Amendment requires effective counsel during plea bargaining (Lafler v. Cooper; Missouri v. Frye). Pleas must be knowing, voluntary, and intelligent (Boykin v. Alabama).

2. Types of Pleas

Colorado recognizes guilty, nolo contendere (with court consent, Crim. P. 11(a)(3)), and Alford pleas (People v. Schneider).

3. Charge vs Sentence Bargaining

Both are routine. Charge bargaining often addresses crime-of-violence enhancements under C.R.S. § 18-1.3-406; sentence bargaining frequently involves probation eligibility, deferred judgments under § 18-1.3-102, and stipulated sentencing ranges.

4. Judicial Role

Colorado judges generally do not participate in plea discussions; the court's role is to ensure voluntariness and to accept or reject the agreement.

5. Plea Colloquy

Crim. P. 11(b) requires the court to inform the defendant of the nature of the charge, the elements of the offense, the maximum possible sentence and any mandatory minimum, the rights being waived (jury, confrontation, self-incrimination, presumption of innocence), and immigration consequences (Padilla v. Kentucky; § 16-7-207).

6. Withdrawal of Plea

Pre-sentence: Crim. P. 32(d) allows withdrawal in the court's discretion 'to prevent manifest injustice.' Post-sentence: relief is by Rule 35(c) post-conviction motion.

7. Conditional Pleas

Colorado does not have a true conditional-plea rule; a valid guilty plea waives non-jurisdictional defenses (Neuhaus v. People).

8. Sentence Recommendation vs Bargain

If the parties stipulate a specific sentence and the court will not impose it, the defendant must be allowed to withdraw the plea (People v. Wright). Open sentence recommendations are not binding.

9. Plea Statistics

About 95% of Colorado felony convictions are by plea.

This is legal information, not legal advice.