When the police arrest you on suspicion of a crime in Colorado, you may wonder about your legal rights after an arrest. In this article, we explain what to do if arrested.
What Are My Basic Rights If I’m Arrested in Colorado?
Suspects arrested for crimes in Colorado have several fundamental rights that the police must observe. These rights include:
The Right to Remain Silent
Part of police arrest procedures is your right to remain silent. This means you do not have to answer law enforcement investigators’ questions about your charges or other criminal activity. The police also cannot force or coerce you to answer questions, including by depriving you of food, water, or sleep. You can invoke your right to remain silent by informing officers that you do not want to answer questions and by remaining silent if they ask you any.
The Right to Be Free from Unreasonable Searches and Seizures
The Fourth Amendment guarantees a privilege from unreasonable searches and seizures by law enforcement. This right means that police must have reasonable suspicion to detain you temporarily against your will and probable cause to believe you committed a crime before they may arrest you. Police must have a warrant to search you, your vehicle, or your home.
Alternatively, when pressing circumstances make obtaining a warrant impractical, police may conduct a warrantless search if they have probable cause to believe doing so will uncover evidence of a crime. Police may also conduct some searches under a justification of officer or public safety, such as searching your person and clothing for weapons or contraband as part of an arrest.
The Right to an Attorney
Following an arrest, you have the right to speak with an attorney. This includes the opportunity to consult an attorney before deciding whether to sit for police questioning and to have your attorney present if you agree to do so. When you’re charged with a crime, you have the right to legal counsel during your prosecution. If you do not have an attorney during your initial court hearing and cannot afford to hire one, the court will appoint one to represent you.
How Police Must Inform You of Your Rights
Police may have to inform you of your right to remain silent and to have legal counsel — popularly referred to as your Miranda rights, based on the U.S. Supreme Court case that recognized these fundamental rights. However, officers do not have to read you your rights after an arrest if they do not intend to question you. Furthermore, the police do not have to read a person their Miranda rights if they do not have the person in custody. An example is when officers walk up to a person and begin asking questions, but the person remains free to walk away from them.
What Happens If My Rights Are Violated?
When investigators violate your post-arrest rights, you may have the ability to ask the court to “suppress” any evidence as a result, including evidence obtained based on other evidence obtained by violating an arrestee’s rights.
Seeking Legal Representation After an Arrest in Colorado
Following an arrest in Colorado, hiring experienced legal counsel can help protect your rights during the criminal justice process. Contact Peakstone Law Group today for a confidential consultation with a criminal defense lawyer. Discover more about your rights as a suspect or defendant and how to get help pursuing justice and relief if police or prosecutors have violated your rights.