Facing an arrest is a disorienting and stressful experience, and it's natural to feel uncertain about what steps to take next. When the fear of the unknown and the potential consequences weigh so heavily on you, knowing what to do and what not to do during an arrest can have a significant impact on the outcome of your case.
At Grabski & Shah, our attorneys understand what you are going through. We believe that everyone deserves strong legal support, and we have dedicated our practice to providing just that. Located in Colorado Springs, Colorado, our firm serves communities across Colorado, including El Paso County and Pueblo. We can help you better understand your rights and what you should do if you've been arrested.
Your Rights Upon Arrest
When you are placed under arrest, the situation can escalate quickly. However, it's important to stay as calm as possible and remember that you have rights. Law enforcement officers are trained to handle these situations, but it is up to you to exercise your protections under the law.
The Right to Remain Silent
This is one of the most well-known rights, yet it is often one of the first to be forgotten in the heat of the moment. You have the absolute right to remain silent. You are only required to provide basic identifying information, such as your name and address. Beyond that, you do not have to answer any questions from the police.
Police officers may try to engage you in casual conversation or ask seemingly harmless questions. Their goal is often to gather information that could be used against you in the future. Politely and clearly state, "I am exercising my right to remain silent, and I would like to speak with an attorney." Saying this and then remaining silent is the best action you can take.
The Right to an Attorney
You have the right to have an attorney present during any questioning. Once you ask for an attorney, the police must stop their interrogation until your lawyer arrives. This is a fundamental protection that prevents you from saying something that might unintentionally harm your case.
Do not be swayed from this. Officers might suggest that asking for an attorney makes you look guilty or that things will be easier if you talk to them. This is not true. Requesting an experienced criminal defense attorney is a wise and legally protected decision. It shows that you understand your rights and are taking the situation seriously.
What to Do During the Arrest Process
Your conduct during an arrest can be just as important as what you say. Following these steps can prevent the situation from worsening.
Cooperate Physically, Not Verbally
While you do not have to answer questions, you should comply with the physical aspects of the arrest. Do not resist, run, or argue with the officers. Resisting arrest can result in additional charges and potential physical harm. Follow their instructions for actions such as stepping out of a vehicle or placing your hands behind your back.
Your cooperation should be limited to actions, not words. Remember the difference between cooperating with commands and answering questions. You can follow their physical directions without giving up your right to remain silent.
Pay Attention to the Details
As the arrest happens, try to take mental notes of everything you see and hear. Who are the officers involved? Were there any witnesses? What did the officers say to you? Where were you, and what time did it happen?
These details may seem small, but they can be helpful for your defense attorney later. Your memory of the events provides a starting point for your legal team to build a case and identify any procedural errors the police may have made.
Do Not Consent to a Search
Police may request your consent to search your person, vehicle, or home. You have the right to refuse this consent. If an officer asks, "Do you mind if I look in your car?" you can and should say, "I do not consent to a search."
If the police have a warrant or probable cause, they may still conduct a search. However, you should never give them your permission. By refusing consent, you protect your ability to challenge the legality of the search later in court. If they proceed with a search after you have refused, do not physically interfere, but make it clear that you do not consent.
Colorado's Arrest Laws
In Colorado, an officer can arrest you if they have a warrant or if they have probable cause to believe you have committed a crime. Probable cause means there are reasonable grounds, based on facts and circumstances, to believe a crime has occurred.
After an arrest, Colorado law requires that you be brought before a judge without delay. This usually happens within 48 hours. At this first appearance, you will be informed of the charges against you, and the judge will address the issue of bail. Bail is a financial arrangement that allows you to be released from custody while your case proceeds, with the promise that you will appear for all future court dates.
The amount of bail depends on several factors, including the seriousness of the alleged crime, your past criminal record, and whether you are considered a flight risk. Having an attorney at this stage can be very helpful. They can argue for a reasonable bail amount or for your release on a personal recognizance bond, which does not require a cash payment.
Criminal Defense Attorneys in Colorado Springs, Colorado
At Grabski & Shah, we understand that adhering to Colorado's legal procedures is critical. A missed court deadline or an improperly filled-out form can create lasting adverse effects. When facing a criminal charge, your case must be managed properly from the outset. Our attorneys, Jared Grabski and Meghal Shah, provide thoughtful and strategic legal help when you need it most.
Located in Colorado Springs, Colorado, we serve clients throughout the nearby areas and work hard to protect their rights and their futures. Contact us today to schedule a consultation.
