Preliminary Hearings in Colorado: the Probable Cause Standard – Why “Prelims” May Be Underused

By Colorado Criminal Defense Lawyer H. Michael Steinberg | October 20, 2026
When a felony charge lands, the first instinct for many defendants is to get it over with. In Colorado, one of the earliest decisions in a felony case is whether to demand a preliminary hearing, a short courtroom proceeding where a judge decides whether the prosecution has enough evidence to justify moving the case forward. In our experience, roughly nineteen out of twenty are waived. That is often the right call, but it should be a decision, not a default.
This guide explains what a Colorado preliminary hearing is, the probable cause standard judges apply, when a person charged in Colorado is entitled to a preliminary hearing, the short deadline to ask for one, and the practical ways a “prelim” can help a defendant even when the case is not dismissed. This article reflects Colorado’s statutes, court rules, and decisions current as of October 20, 2026.
Colorado Criminal Lawyer Blog

