Law Firm Updates
What should I do if I’m arrested?
If you have been arrested, meaning you are no longer free to leave, that means the police have probable cause to believe you have committed a crime. Now is not the time to challenge whether that arrest is lawful. Most arrests are considered lawful, and resisting a lawful arrest is a misdemeanor pursuant to C.R.S. § 18-8-103 subject to up to 120 days in jail and/or up to a $750 fine. In fact, this can even be felony assault pursuant to C.R.S. § 18-3-203.
If you have been arrested, you are not free to leave. The police may give you a Miranda warning, or in other words “read you your rights,” but they do not have to unless you are both under arrested and subjected to interrogation. Many people believe that an arrest is invalid if you were not read your rights, but that is not the case if you are not asked any questions.
If the police do not ask you any questions, do not provide information voluntarily. If the police do ask you questions, they must inform you of your right to remain silent, that anything you say can and will be used against you, that you have the right to an attorney, that an attorney will be provided for you if you cannot afford one, that you have the right to have your attorney present when being questioned, and that you can exercise these rights at any time.
These rights apply whether or not you are interrogated, but no matter what, you should not speak to the police. The police are trying to investigate a crime, and since you were arrested, you are also being investigated. No matter what they say or do, it is a good idea not to answer questions.
Instead, you should tell the officers “I wish to remain silent and I would like to talk to a lawyer.” Ask to call your lawyer.
Upon arrest, the police may frisk or search you and the area immediately around you for evidence and weapons. Once you are arrested, the police may book you. They will take photographs and fingerprints, and potentially place you in jail. Eventually, you may be able to secure your release by posting a bond, which means providing the court with a sum of money in an amount set by the judge. The amount of that bond depends on a variety of factors including the likelihood of you fleeing the jurisdiction, your criminal history, and the severity of the allegation.
In sum, you should remain silent other than to ask for a lawyer, and you should ask to call your lawyer right away. Do not speak to anyone about this situation, including family, friends, or anyone in jail. The police record all phone calls other than to your attorney. Never consent to a search or provide your phone password.
If you are arrested, call Prager Law right away. Our experienced team will help you navigate the situation.
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