What to Do If You’ve Been Arrested in Colorado

An arrest is disorienting, and the pressure to explain yourself is enormous. That pressure is precisely why the first few hours matter so much. Below is what tends to help, and what tends to hurt.

Say less than you think you should

You have the right to remain silent, and using it is not an admission of anything. Officers are permitted to ask questions well before a lawyer is present, and casual conversation is still evidence. The most useful sentence you can offer is a calm request for counsel, followed by silence.

Once you have asked for a lawyer, questioning is supposed to stop. If it continues, say nothing further and tell your attorney about it afterwards — it can matter later.

Assume every call is recorded

Jail phone calls are recorded, and prosecutors listen to them. So are visits, in most facilities. Do not discuss the facts of your case with family, a partner, or a cellmate. Reassure the people who love you that you are safe, and leave the details for a confidential conversation with your lawyer.

Understand what happens next

Colorado moves quickly after an arrest. In broad terms:

• Advisement. A judge tells you what you are accused of and what the possible

penalties are.

• Bond. The court sets the conditions of release. These conditions are orders,

not suggestions — violating one creates a second case on top of the first.

• Filing. The prosecution decides what charges to actually file, which is not

always what appeared on the arrest paperwork.

Each of those is a point where having a lawyer already involved changes the outcome.

Write down what you remember, while you remember it

Memory degrades fast, and it degrades in ways that favor whoever wrote their version down first. As soon as you are able, record the sequence of events, who was present, what was said, and what time things happened. Note the names and badge numbers you saw. Keep it for your attorney rather than sharing it around.

Preserve what exists

Evidence disappears on its own. Surveillance footage is often overwritten within days, witnesses move, and phones get wiped. If there is a camera that may have seen what happened, tell your attorney immediately so a preservation request can go out before the recording is gone.

Do not try to fix it yourself

Contacting a complaining witness, explaining yourself to an investigator, or posting about the incident are all understandable impulses, and all of them tend to make matters worse. Witness contact in particular can convert a defensible case into an additional charge.

Talk to a lawyer early

The window in which a case can be shaped — before charges are finalised, while evidence still exists, while the account is fresh — is short. Early involvement is usually what makes the difference between managing a case and reacting to it.

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This article is general information about Colorado law, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and the law changes. If you have been arrested, speak with an attorney about your specific situation.