Is My Case Likely to Go to Trial, or Can It Be Resolved Without a Trial?
You’ve been arrested or charged with a crime in Colorado, and one of the first questions running through your mind is probably: Is this going to trial?
It’s a fair question. The idea of going to court — standing in front of a judge and jury, having your fate decided publicly — is intimidating. And while trials do happen, the truth is: most criminal cases in Colorado are resolved without ever reaching a courtroom trial.
Still, every situation is unique, and it’s important to understand what influences this decision. Whether your case heads to trial or is resolved earlier, a strong and strategic criminal defense in Colorado is essential at every step.
What Percentage of Criminal Cases Go to Trial?
Studies show that more than 90% of criminal cases in the United States are resolved through plea bargains or dismissals. That means fewer than 1 in 10 cases go to trial.
Colorado follows a similar pattern. This means there’s a high chance your case will not go all the way to trial — especially if you have skilled legal representation working behind the scenes to resolve things early and favorably.
How Criminal Cases Are Typically Resolved Without Trial
If your case doesn’t go to trial, it will likely fall into one of the following outcomes:
- Dismissal of charges – The prosecutor drops the case due to lack of evidence, witness issues, or legal problems.
- Diversion program – You complete certain conditions (like counseling, classes, or community service) and avoid a conviction.
- Deferred judgment – You plead guilty, but sentencing is postponed. If you meet the court’s conditions, the case is dismissed.
- Plea bargain – You agree to plead guilty to a lesser charge or accept a lighter sentence in exchange for avoiding trial.
Each of these options requires legal negotiation and case analysis. The better your criminal defense in Colorado, the greater your chances of resolving the case before it ever reaches a jury.
When Is a Trial More Likely?
While most cases are resolved pretrial, some do go to trial. Your case is more likely to proceed to trial if:
- You’re charged with a serious felony
- You face mandatory prison time
- You’re innocent and want to clear your name
- The prosecution refuses to negotiate
- You and your attorney believe the evidence against you is weak
- A good faith agreement can’t be reached with the prosecutor
For example, if you’re accused of assault with a weapon and the alleged victim is testifying against you, but there’s no physical evidence, your attorney may advise that a trial gives you the best shot at clearing your name.
This is why working with an attorney who understands trial procedure and negotiation is vital. Strong criminal defense in Colorado means knowing when to negotiate — and when to fight.
Real-World Example: Avoiding Trial Through Strategy
A Colorado man was arrested for felony drug possession. He was ready to accept a plea deal until his attorney discovered that the traffic stop leading to the arrest was unconstitutional.
The lawyer filed a motion to suppress the evidence. Facing a likely loss at trial, the prosecutor dismissed the case.
No plea, no trial, no conviction. All because an experienced attorney knew what to look for and acted early. That’s the power of proper criminal defense in Colorado.
What Factors Influence Whether a Case Goes to Trial?
There’s no one-size-fits-all answer, but several key factors influence whether your case will go to trial:
1. Strength of the Evidence
If the prosecution has strong physical evidence, witness testimony, or confessions, they may feel confident pushing toward trial. But if there are holes in the case — conflicting statements, missing evidence, improper police procedure — they may prefer to settle.
2. The Charges You’re Facing
Felony charges involving violence, weapons, or serious harm are more likely to go to trial than low-level misdemeanors.
3. Your Criminal History
If you’re a first-time offender, the court may be more open to alternative sentencing or diversion. If you have prior convictions, the prosecutor may be less flexible.
4. Your Goals and Risk Tolerance
Some clients want to fight all the way, while others prioritize avoiding jail time or getting the case over with quickly. Your attorney can help you weigh your options and make a decision based on your goals.
What Is a Plea Bargain, and Is It a Bad Thing?
Plea bargaining gets a bad reputation, but in many cases, it can be a smart and strategic move — especially when the alternative is a lengthy trial with a potentially harsh sentence.
A plea bargain might involve:
- Reducing a felony to a misdemeanor
- Avoiding jail time in exchange for probation
- Dismissing some charges in exchange for a plea to one count
- Allowing you to keep your driver’s license or professional license
Your attorney will negotiate with the district attorney and advocate for the most favorable terms possible. A good criminal defense in Colorado makes sure you don’t accept a bad deal out of fear or frustration.
What Happens If You Decide to Go to Trial?
If your case proceeds to trial, here’s what to expect:
- Pretrial preparation – Your attorney gathers evidence, interviews witnesses, and files legal motions.
- Jury selection – If applicable, both sides help select jurors who will decide your case.
- Trial begins – Both sides present their case, call witnesses, and offer evidence.
- Closing arguments and verdict – After all testimony is complete, the jury deliberates and returns a verdict.
- Sentencing (if convicted) – If found guilty, a separate sentencing hearing is held to determine your punishment.
Trials can be stressful, emotional, and uncertain — but sometimes, they’re necessary to pursue justice. If trial becomes your best option, your attorney will build a powerful defense and stand by you every step of the way.
Why Early Legal Help Matters
The sooner you bring in a criminal defense attorney, the more control you’ll have over your options. With early involvement, your attorney can:
- Begin negotiations before formal charges are filed
- Build leverage to request diversion or dismissal
- Gather evidence and identify weaknesses in the case
- Influence whether prosecutors pursue a plea or trial
From the very beginning, a qualified attorney specializing in criminal defense in Colorado is focused on reducing your risk and protecting your rights.
Should You Choose a Lawyer with Trial Experience?
Absolutely.
Even if your case doesn’t go to trial, having an attorney with real courtroom experience strengthens your position during negotiations. Prosecutors know which lawyers are ready and capable of going to trial — and they’re more likely to offer fair deals when they’re up against someone who can take them the distance.
Trial-ready defense is smart defense. Always choose an attorney who’s prepared to fight for you — in or out of the courtroom.
What to Do Next
Wondering if your case will go to trial? Let’s talk.
- Call today for a free case review with a criminal defense attorney in Colorado
- Get clear answers about your options — and what comes next
- Whether you fight in court or resolve things early, we’ll help you move forward confidently
Meet Dion Custis: A Criminal Defense Lawyer in Colorado Who Knows How to Win
For over 30 years, Dion J. Custis has fought for people just like you — individuals facing criminal charges and unsure of what comes next. Licensed in both Colorado and Wyoming, he’s handled thousands of cases in state and federal courtrooms, including:
- Felony assault charges
- Self-defense claims
- Allegations involving police officers
- Complex, high-stakes trial cases.
You don’t need to know the law. You need a criminal defense lawyer who knows how to use the law to protect you.
What our Client Says about Us
Start Building Your Defense Now — While You Still Have Time
You’ve got one shot to protect your name, your job, your record, and your freedom. Make it count. Don’t Face the System Alone — Schedule a Free Criminal Case Review Today.