Finding yourself or a loved one facing an arrest can be one of the most overwhelming experiences of your life. Whether it’s a misunderstanding, a mistake, or a serious allegation, what we do next can have a lasting impact on the outcome of the case.
At Grabski & Shah, we understand how frightening it feels when the police place someone under arrest, and we’re here to help you take steps to protect your rights.
If you've been arrested in Colorado Springs, Colorado, or the surrounding areas, you don’t have to face it alone. Reach out to us today to speak with a knowledgeable criminal defense attorney who can help you understand your options and defend your rights.
Knowing What Happens When You’re Arrested
Being arrested in Colorado triggers a series of events that can move quickly and feel confusing. you should know what’s likely to happen so you can make wise choices.
When someone is arrested, the process generally follows a specific order:
Detainment: Law enforcement officers take a person into custody when they have probable cause to believe a crime was committed.
Miranda rights: Before any questioning begins, the police must inform the individual of their rights—namely, the right to remain silent and the right to a lawyer.
Booking: The arrested individual is transported to a local jail or detention center, where officers record personal information, take fingerprints, and photograph the individual.
Initial appearance: Within a reasonable time, typically 48 hours, the individual appears before a judge who reviews the arrest and may set bail.
Understanding this process can help you stay composed and make informed decisions. After an arrest, every word and action is closely scrutinized, making it essential to exercise your rights thoughtfully.
Exercising the Right To Remain Silent
After an arrest, it’s natural to want to explain what happened or clear things up. However, speaking to law enforcement without legal counsel can easily make matters worse.
You have the constitutional right to remain silent, and that right exists to protect you from self-incrimination. Anything said to police officers—no matter how harmless it seems—can be used later in court.
To effectively exercise this right, clearly state your intention, avoid volunteering information, and wait for legal representation.
This simple but powerful right protects us from giving prosecutors unnecessary ammunition. Staying silent isn’t an admission of guilt—it’s a safeguard against misunderstanding and manipulation that can happen once someone has been arrested.
Requesting Legal Representation Immediately
After asserting the right to remain silent, the next step is requesting a lawyer. Once that request is made, officers are legally required to stop questioning until legal counsel is present.
Having a lawyer early in the process can make all the difference. A knowledgeable criminal defense lawyer can:
Evaluate the arrest: They’ll verify whether the police had probable cause and followed proper procedures.
Protect our rights: They’ll make sure we aren’t subjected to illegal searches or coerced confessions.
Guide us through hearings: From bail to arraignment, they’ll help us understand what to expect and how to respond.
If a person can’t afford an attorney, Colorado law provides for a public defender. Whether privately retained or court-appointed, having legal counsel immediately after being arrested is one of the most important protections available.
What To Expect During the Booking Process
Once someone has been taken into custody, they’ll go through what’s known as booking. This administrative process officially records the arrest and prepares the individual for the next stage of proceedings.
Booking often includes personal identification, photographs, and fingerprints, search and property collection, and a criminal background check.
After booking, individuals typically remain in custody until their first court appearance. Depending on the alleged offense, bail may be set at this time. Knowing what to expect can reduce stress and prevent rash decisions that could harm your case after arrest.
Bail and Pretrial Release
After the booking process, the next major concern is whether we or our loved one can be released from custody while awaiting trial. Colorado courts use bail as a way to make sure individuals return for their scheduled hearings.
Judges consider several factors when setting bail, including the nature of the charge, criminal history, community ties, and perceived flight risk or potential threat to public safety.
If bail is set too high, a lawyer can request a bond hearing to argue for a reduction. In some cases—especially for lower-level offenses—courts may grant release on personal recognizance, meaning no cash payment is required.
When someone has been arrested, securing release quickly helps preserve employment, family stability, and mental health while preparing for court.
How to Handle Police Questioning After Arrest
Law enforcement officers are trained to elicit information, even from individuals who initially refuse to talk. It’s important to know how to handle these interactions.
If questioned after being arrested, remember to stay calm, repeat your request, and don’t sign anything.
Police officers may suggest that cooperating or providing a statement will help your case. It rarely does. Remaining silent until your lawyer is present prevents accidental self-incrimination and keeps the defense strategy intact.
Common Mistakes People Make After Being Arrested
Many people unintentionally make mistakes when emotions are high. Avoiding these common errors can significantly affect the outcome of the case.
Common mistakes include:
Talking too much: Trying to explain or justify actions without legal counsel often leads to contradictions.
Resisting arrest: Even minor resistance can result in additional charges, like obstruction.
Posting on social media: Sharing details or opinions online about the case can damage credibility in court.
Contacting alleged victims or witnesses: This can be perceived as witness tampering or intimidation.
Missing court dates: Failing to appear results in additional warrants and complicates defense efforts.
By being aware of these pitfalls, you can make smarter decisions from the moment you’re arrested until the case concludes.
What Happens After the First Court Appearance
After arrest and booking, the next step is usually the initial court appearance—often called an arraignment. This hearing allows the judge to formally present the charges and confirm that the defendant understands their rights. At the arraignment, several key actions take place, including the charges being read aloud, the accused entering a plea, bail or bond conditions being reviewed, and a future court date being scheduled.
A lawyer’s role at this stage is to review the arrest records, evaluate the strength of the prosecution’s case, and begin negotiating potential outcomes. What happens at this stage sets the tone for the remainder of the case and can influence plea negotiations or trial strategy.
Being arrested doesn’t mean conviction is inevitable—there are still opportunities to challenge evidence, suppress unlawful confessions, or negotiate reduced charges.
Protecting Your Constitutional Rights
Every person who’s arrested in Colorado is protected by both the U.S. Constitution and state laws. Knowing these rights helps prevent mistreatment or violations that could affect the fairness of the case.
Core constitutional protections include:
Fourth Amendment: Protects against unreasonable searches and seizures. Police need probable cause or a warrant in most cases.
Fifth Amendment: Grants the right to remain silent and prohibits self-incrimination.
Sixth Amendment: Confirms the right to legal counsel and a fair trial.
Eighth Amendment: Prohibits excessive bail or cruel punishment.
If any of these rights are violated during or after an arrest, a lawyer can challenge the evidence obtained through unlawful means. Sometimes, these challenges can lead to reduced charges—or even dismissal of the case.
Contact Us Today
Being arrested can change everything in an instant, but with proper guidance, you can take control of the situation and protect your future. At Grabski & Shah, we are committed to standing by your side from the moment of arrest through every court appearance and decision that follows. If you or a loved one has been arrested in Colorado Springs, Colorado, or the surrounding areas, contact our firm today.
