Defense guide
Your rights in the first hoursKnow them before you need them.
Our team has seen arrests from the other side: our managing attorney is a former prosecutor, and our team includes a former Arapahoe County Sheriff’s Deputy who supports the attorneys’ investigation and case preparation. We know how statements, searches, and early decisions are used to build a case.
This guide focuses on what to do during and immediately after an arrest: staying calm, using your right to remain silent, not consenting to searches, and asking for a lawyer. For what happens next in the court process, read What Happens After You’re Arrested in Colorado?. Related: criminal defense and felony defense.
Why the First Hours Matter
Arrest Decisions Have Long-Term Consequences
The legal, financial, and personal decisions made in the immediate aftermath of an arrest can affect your future, your family, your employment, and your freedom for years to come.
Your Freedom
Statements made without counsel, or decisions about cooperation, can directly impact bond conditions and the charges ultimately filed.
Your Record
A criminal conviction can affect employment, professional licensing, housing, and opportunities long after the case closes.
Your Defense
Evidence disappears. Witnesses become unavailable. The earlier an attorney is involved, the stronger your defense position can be.
Your Future
The wrong move in the first 24 hours can limit options that would otherwise have existed — options that cannot always be recovered.
Step-by-Step Guide
What To Do After an Arrest in Colorado
An arrest is not a conviction. These ten steps can help protect your rights and your future.
Stay Calm. Do Not Resist.
Even if you believe the arrest is unlawful, resisting can result in additional criminal charges. The legality of the arrest can be challenged later in court.
- Remain calm and keep your hands visible
- Follow lawful commands
- Speak respectfully — do not argue
- Do not pull away, resist, or attempt to flee
Request an Attorney Immediately
You have the constitutional right to legal counsel. Once you clearly state “I want a lawyer,” questioning should stop.
- Do not discuss your case with police or jail staff
- Do not talk to other inmates about your situation
- Do not use jail phones to discuss the case — calls are recorded
- The only person to speak freely with is your attorney
Learn About Bond and Release
Colorado courts determine whether and how you can be released before trial. Outcomes can include:
- Personal Recognizance Bond — released on a promise to appear
- Cash Bond — pay a specific amount to secure release
- Surety Bond — a bail bond company posts bond on your behalf
- No Bond Hold — a judge must review release conditions first
Avoid Discussing Your Case
Prosecutors can obtain communications and use them as evidence. After an arrest, do not discuss the situation on social media, via text messages, by email, or with coworkers or friends.
- Even deleted posts may be recoverable
- Casual conversations can become formal statements
- Your attorney is the only person protected by privilege
Comply With Release Conditions
If released from custody, carefully follow all court-ordered conditions. Common conditions include:
- No contact orders
- Drug or alcohol testing
- Curfews and travel restrictions
- Check-ins with pretrial services
Violating release conditions can result in immediate arrest and bond revocation.
Exercise Your Right to Remain Silent
One of the biggest mistakes people make after an arrest is talking too much. Under the Fifth Amendment, you have the right to remain silent.
- “I am exercising my right to remain silent. I want to speak with an attorney.” — Then stop talking.
- Do not explain your side of the story
- Do not try to talk your way out of the arrest
- Anything you say can be used against you
Understand the Booking Process
After an arrest, you will be transported to a detention facility where officers will record your personal information, take fingerprints, take photographs, and conduct a background check.
- This process does not mean you have been convicted
- You are presumed innocent unless proven guilty in court
- An attorney can be involved from this point forward
Attend Every Court Date
Missing a required court appearance can create serious problems that compound over time.
- An arrest warrant may be issued immediately
- Additional criminal charges may be filed
- Bond amounts may be increased substantially
- Future release becomes significantly more difficult
Preserve Evidence
Important evidence can disappear quickly. As soon as possible, save and preserve:
- Text messages and emails
- Photos, videos, and receipts
- GPS records and location data
- Witness contact information
Hire an Experienced Defense Attorney
An arrest does not automatically mean a conviction. A defense attorney can review evidence, identify constitutional violations, challenge unlawful searches, negotiate with prosecutors, and represent you in court.
What Happens After an Arrest
- The earlier an attorney is involved, the more options exist
- Former prosecutor and law enforcement background
- Strategic, assertive defense across Colorado
The Process. What to Expect.
Understanding each stage of the process helps you and your attorney make informed decisions from the very beginning.
Arrest & Booking
Fingerprinted, photographed, and processed into custody. This is not a conviction.
Bond or Bail Determination
A judge sets conditions for release. An attorney can advocate for favorable bond at this stage.
Advisement / First Appearance
Charges are formally read. Release conditions are set. Having counsel here matters significantly.
Filing of Charges
The prosecutor decides which charges move forward. Early attorney involvement can affect this outcome.
Pre-Trial & Resolution
Negotiations, motions, and trial preparation. This is where defense strategy has the greatest impact.
Veteran-focused Perspective. Straightforward Guidance.
- Individuals arrested for felony charges
- Clients facing DUI and traffic-related offenses
- First-time offenders navigating the system
- Veterans facing unique post-arrest consequences
- Individuals with domestic violence charges
- Anyone needing immediate post-arrest guidance
FAQ
Common questionsStraight answers about your situation.
Can police arrest me without reading my Miranda rights?
Yes. Miranda warnings are generally required before custodial interrogation, not before the arrest itself. You still have the right to remain silent regardless of whether Miranda has been read.
Should I explain my side of the story to police?
No. Politely invoke your right to remain silent and request an attorney. Even honest and innocent explanations can be misconstrued, used selectively, or create inconsistencies that hurt your case later.
Can charges be dropped after an arrest?
Yes. Depending on the evidence, prosecutors may decline to file charges, dismiss charges, or negotiate alternative resolutions. Early attorney involvement can give you more opportunity to affect this outcome.
Will an arrest stay on my record forever?
Not necessarily. Colorado law provides opportunities in certain situations to seal arrest records and criminal records. An attorney can evaluate your specific eligibility based on the charges and outcome.
Should I consent to a search?
In most situations, you should speak with an attorney before consenting to any search. You have constitutional protections — consenting to a search waives those rights in the moment.
Don’t see your question? Call (720) 334-7305 for a free consultation.
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This page provides general information about Colorado law, not legal advice for your situation. Every case is different, and past experience does not guarantee a particular outcome.