If you are a suspect or being investigated for committing a crime, you may be hoping to stay ahead of the game by preparing for a possible arrest. If you have never been taken into police custody before, you may be intimidated and frightened about what the future might bring.
As you start to consider your possible criminal defense options, understanding your rights when you are detained or placed under arrest can help you understand whether your constitutional rights have been violated. Here is more about what happens after an arrest in Colorado and what to expect in the aftermath of the arrest.
It May Not Be Clear Whether You Are Under Arrest
Unless police have placed you under arrest, you will generally have the right to leave when police are attempting to question you. However, under certain circumstances, even without probable cause, law enforcement officials may have the right to detain you temporarily, according to the 1968 U.S. Supreme Court ruling in Terry v. Ohio. As long as they have reasonable suspicion that you have committed a crime, they can hold you long enough to determine whether they have enough evidence to arrest you.
However, many law enforcement officials will not make it clear whether you are being detained or arrested. If the police used force, you have been in police custody for an extended amount of time, or you are not free to leave, you may be unlawfully detained, which could be grounds for dismissal if you can prove your constitutional rights were violated.
The Colorado Arrest Process
Generally, if you are not free to leave, you should consider yourself under arrest. If you were being questioned outside of the police station, you are likely not under arrest. If law enforcement officials place you in handcuffs, this is a good indicator that the arrest process has begun.
Police are required to read you your Miranda rights before questioning. You have the right to remain silent, and anything you say can and will be used against you. You also have the right to an attorney. If you cannot afford a lawyer, one can be provided to you. You also have the right to have your attorney present during questioning. You have the right to exercise Miranda rights at any time once you have been detained by police.
Law enforcement officers should ask you if you understand your rights as they have read them to you. At this point, you can tell them that you are going to exercise your right to remain silent and would like to speak with your attorney. Police should not move forward with any questioning until your criminal defense lawyer is present.
What to Expect Post-Arrest
Once you have been arrested, you will be booked by the local police department. During booking, law enforcement officials will take your fingerprints, and a mug shot, and request other basic identifying information. During this time, you will also be searched and your possessions will be taken away from you and stored by the police.
After booking, you may be held in jail for a limited amount of time or released if you can pay a bail bond, depending on the type of crime you are accused of committing. For instance, the judge may deny bail for a violent crime like murder or manslaughter, but you may be granted bail if you are accused of a DUI. You may need to post a bond as a way of ensuring that you will appear in court at your next court date. If law enforcement officials violated your constitutional rights and failed to follow proper arrest or warrant procedures, you may be able to get the charges against you reduced to a lesser offense or dismissed entirely.