Law Firm Updates
When Is an Arrest Made? A Denver Attorney Explains Your Rights
An arrest occurs when the police take an individual into custody. It is a seizure and happens as soon as the person is no longer free to leave. This means it occurs before that person actually ends up in jail.
To arrest an individual, the police need probable cause. Probable cause is comprised of facts, evidence, and observations that give a prudent person the belief that a crime has occurred. Sometimes, the police will have direct evidence that a crime has occurred (like witnessing a shoplifting or having several witnesses tell them what was seen) and an arrest can be done right away.
In Colorado, there is also a mandatory arrest statute when police have probable cause to believe that an act of domestic violence has occurred. In that situation, at least one person is required to be arrested.
If the police do not observe a crime, they may need to get an arrest warrant. To do this, they will need to present facts and evidence to a judge, who will then authorize the arrest warrant. With this warrant, the police can arrest you despite not having witnessed a crime directly. The police can also enter your home to arrest you if they have a warrant to do so. If the police come to your home, make sure they present any documents before you allow them entry.
The police can also execute an investigative stop, also known as a Terry stop, to determine if there is probable cause that a crime has been committed. In this case, a person is temporarily detained when police have reasonable suspicion of a crime.
Ultimately, if you are no longer free to leave, you have probably been arrested. If you have been arrested, contact the experienced criminal defense lawyers at Prager Law for immediate assistance.
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