If you’ve been arrested in Colorado, you may feel overwhelmed and unsure what to do next. The aftermath of an arrest can be daunting. You should know that you have legal rights after an arrest – but you must assert them. That is why you need an experienced Colorado Springs criminal defense attorney to fight for your future after an arrest.
What Should I Do If I Am Arrested in Colorado Springs?
If you’ve been arrested in Colorado Springs, remember you have legal rights after an arrest. First, you have a right to remain silent while in police custody. To exercise this right, tell the arresting officer clearly that you are invoking your Fifth Amendment right to remain silent.
Second, you have the right to have an attorney present during police questioning. After you have been arrested, ask to speak to an attorney. Do not answer any questions from the police until your lawyer arrives.
What Happens After an Arrest?
There are multiple steps in the legal process following an arrest. While each case is unique, you can generally expect the following post-arrest procedures:
- Booking or Processing – After an arrest, law enforcement will take the arrestee to the police station, where they will be booked. The booking process includes taking the arrestee’s photograph and fingerprints, collecting basic identifying information, and searching the arrestee. Depending on the charges, an arrested individual may be held with or without bail.
- Arraignment – At an arraignment, the arrestee will appear before a judge, who informs the arrestee of the charges against them. The judge can assign a public defender to the case if the arrestee does not have an attorney. The judge may also ask the arrestee to enter a plea. Lawyers usually advise their clients to plead not guilty at arraignments.
- Bond Hearing – The judge will typically set bail at the arraignment. During this hearing, the defense will have the opportunity to explain to the judge why a defendant should be released on bail or on their own recognizance – a written promise to return to court for future hearings.
- Pre-Trial Conference – After the arraignment, a defendant’s attorney will access the records pertinent to the case and evaluate the case’s strengths and weaknesses. During a pre-trial hearing, the defense attorney can try to negotiate a plea deal with the prosecution, typically involving a defendant pleading guilty in exchange for a more lenient sentence or pleading guilty to lesser charges.
- Depositions – The case will likely move forward if the defense and prosecution fail to reach a plea deal. At this point, both sides will collect evidence to strengthen their respective cases. An essential type of evidence is a deposition, which is an interview of a witness under oath.
- Trial – If a case proceeds to trial, both sides will present their evidence to a judge or jury. It is then up to the court to review the evidence and determine whether the defendant is guilty of the charges and, if so, how they should be sentenced.
- Appeal – If a defendant disagrees with a ruling and their attorney believes procedural errors affected the case’s outcome, the defendant may appeal their case to a higher court for review.
Why You Need Our Colorado Springs Criminal Defense Attorneys
If you’ve been arrested in Colorado, you need the Colorado Springs criminal defense attorneys from Peakstone Law Group, formerly known as Patterson Weaver. Our tested lawyers have the experience and resources to assert your rights after an arrest and lay the foundation for an effective defense. You can count on our attorneys to fight for your future and freedom throughout the legal process.
We are ready to evaluate your case during a free initial consultation. Contact us now to discuss your options confidentially.