What to Expect at a Sentencing Hearing in a Denver Criminal Case

You’ve made it through the court process — maybe you took a plea deal, or maybe a jury found you guilty. Either way, your case isn’t quite over. Now comes the part where the judge decides what happens next: sentencing.

Whether you’re facing jail time, probation, community service, or just a hefty fine, walking into a sentencing hearing in Denver without knowing what to expect can be nerve-wracking. But with a little knowledge — and the right legal strategy — you can walk in with a plan, not just panic.

Here’s what you need to know about sentencing in Denver criminal courts: how it works, what influences the outcome, and how to prepare yourself for the best possible result.

What Is a Sentencing Hearing?

A sentencing hearing is where the judge determines the penalty for your conviction. In Denver County and District Courts, sentencing can follow:

• A guilty plea
• A jury verdict
• A bench trial conviction

This is not a trial — the guilt part is already decided. The focus now is on punishment and consequences, but also rehabilitation, restitution, and fairness. Unless you have been charged as a habitual criminal, all presentation of evidence has been completed. A habitual criminal is entitled to a mini-hearing where the DA has to provide proof of prior convictions. But most people don’t have that extra layer of procedure.

At an average sentencing hearing, the judge’s job is to weigh the facts, hear from both sides, and hand down a sentence that (hopefully) fits the offense and the person. The rules of evidence don’t apply here, and the DA and/or victim(s) can say whatever they want without running afoul of hearsay or other limitations. The same can be said for the defense though. This is when things like character and references can come into play—even if they weren’t admissible in any underlying trial.

What Factors Does the Judge Consider?

Sentencing isn’t random. Colorado judges are required to consider several key factors by statute, including:

• The severity and nature of the offense
• Your criminal history (or lack thereof)
• Whether anyone was harmed
• Whether you’ve shown remorse or taken responsibility
• Risk to the community
• Mitigating circumstances (like mental health, addiction, or personal hardship)

The judge will also consider recommendations from:

• The prosecution
• Your defense attorney
• Probation officers or pre-sentence investigators
• Victims, if there’s a Victim Impact Statement
• You, if you choose to speak

A good defense attorney will not just argue — they’ll humanize you, present a mitigation package, and explain why harsh punishment doesn’t serve justice in your specific case.

Types of Sentences in Denver Criminal Cases

Depending on your charge and the circumstances, sentencing may include:

🟢 Probation

Supervised or unsupervised — often with conditions like treatment, classes, or community service. This is a favorable outcome, especially for lower-level offenses or first-time offenders.

🟡 Jail or Prison Time

• Misdemeanors usually involve time in County Jail
• Felonies may result in prison time through the Colorado Department of Corrections (DOC)

The judge may impose suspended time, meaning it’s only served if you violate probation. Some minimal jail is also possible as a condition of probation (up to a few months for misdemeanors, and slightly longer for felonies). Jail can also be served as an alternative sentence (in home detention/electronic home monitoring, work release, etc.).

🔵 Deferred Sentence

You plead guilty, but the sentence is postponed while you complete conditions (like probation). If successful, the case may be dismissed — no conviction on your record. This type of sentence is NOT available after a trial. You can only get a deferred or diversion sentence through negotiating it with the DA. It is a contract with the prosecutor not to go forward with charging you as long as certain conditions are met.

🟠 Fines and Fees

Often part of a sentence, ranging from a few hundred to several thousand dollars, depending on the charge. In petty offenses and low level charges, it’s possible to get what is called a “fine-only” sentence, but this is rare.

🔴 Restitution

If someone was harmed financially or physically, you may be ordered to pay them back. Restitution has changed in recent years, but only in terms of the timeline. Most judges are now requiring DA’s to file for restitution within 30 days of your sentencing date if not at the sentencing hearing itself. This allows the restitution hearing to be completed within the 90 day requirement. We’ve done a whole e-book and a number of blog posts on restitution previously, though, and they can be found here:

1. https://colawteam.com/practice-areas/greenwood-village-criminal-defense/e-book-restitution-in-colorado/
2. https://colawteam.com/blog/how-does-restitution-work-colorado/
3. https://colawteam.com/blog/hearing-and-procedures/
4. https://colawteam.com/blog/restitution-waivers/
5. https://colawteam.com/blog/what-is-restitution/

Will You Have to Speak at Sentencing?

No — but you can. It’s called an allocution, and it’s your chance to speak directly to the judge. This can be powerful if done right. Keep it short, honest, and respectful. Talk about what you’ve learned, what changes you’ve made, and what your plans are going forward. Don’t reargue the case — that ship has sailed.

Your attorney can help you prepare what to say — or help you decide if saying nothing is the smarter move. We often require our clients to provide a written statement to us for review prior to the sentencing date. We make suggestions on what to avoid and what to expand upon without substituting our words for yours. This can also help you when it comes time to do the Presentence Investigation Report (PSIR) with felony cases, where Probation will essentially ask you to relate your version of events.

Can You Be Sentenced Right Away?

Sometimes. In Denver County Court (for misdemeanors), sentencing can happen immediately after a plea or verdict. On most first-offense DUI cases, the judge will ask if the DA and the Defense want to go to “immediate sentencing.” In second and subsequent DUI cases, though, an alcohol evaluation is required to be performed by probation before sentencing can occur. In felony cases, or when more information is needed, the judge may continue the case for a pre-sentence investigation (PSI) before setting a sentencing date. In some situations, it’s helpful for the defense to request a continuance. Here at COLawTeam, we have subpoenaed treatment providers, brought in out of state family, and even had our own evaluations completed before sentencing to help guide the judge in their sentencing decisions.

Denver Sentencing FAQs

Q: Can I bring letters or people to speak on my behalf?

A: Absolutely. Letters from employers, family, counselors, or clergy can be submitted in advance. Supporters can sometimes speak in court, too.

Q: Will the judge follow the plea deal exactly?

A: Usually, yes — but judges have discretion. If a plea includes a sentencing cap or agreement, the judge must accept it to finalize the deal.

Q: Can I appeal my sentence?

A: Possibly, but only under certain conditions. Sentences within the legal range are usually final unless there was a legal error or violation of your rights. There are crazy fast timelines for such an appeal, and if you took a deal by plea agreement you usually waive any right to sentence reconsideration.

Sentencing Isn’t Just the End — It’s Your Second Chance

A sentencing hearing may sound like the last stop on a long legal road — but it can also be the start of your next chapter. With preparation, strong advocacy, and a little courage, you can make your voice heard and give the judge a reason to see you as more than just a case number.

📞 Call our Denver defense team today at 970-670-0738 if you’re facing sentencing. We’ll help you prepare, advocate for the best outcome, and make sure your story gets told — not just your charges.