Colorado does not have a plea in abeyance. No Colorado statute creates that arrangement and no charge or disposition goes by that name here. If you have read the term in an out-of-state article, or someone has described an offer to you that way, the two Colorado arrangements that do the same work are a deferred judgment and sentence and pretrial diversion.
Deferred Judgment and Sentence
Under C.R.S. 18-1.3-102(1)(a), you plead guilty and the court continues the case rather than entering judgment and sentence on that plea. The continuation can run up to four years for a felony, and up to two years for a misdemeanor, petty offense, or traffic offense. It requires the written consent of the defendant, defense counsel, and the district attorney, so it is negotiated with the prosecution rather than granted by the court on request.
Complete the conditions and the case is dismissed with no conviction entered. Fail to complete them and the court can enter judgment on the guilty plea already in the file and sentence you on it. That is the real exposure in the arrangement, and it is why the conditions deserve more attention than the label does.
Pretrial Diversion
C.R.S. 18-1.3-101 authorizes a district attorney to divert a case, which happens before any plea is entered. The statute’s stated aims include diverting people from the criminal justice system, restoring victims of crime, and making restitution possible. Availability and terms are set district by district.
Which One Applies
The practical difference is whether you plead guilty at the outset. Which one is on the table depends on the charge, your record, and the policy of the district attorney in the county where the case was filed. Both are negotiated, and the terms of either are worth reviewing closely before anything is signed.