 ■ BEING ARRESTED IN COLORADO
1. How are crimes classified in Colorado?
Colorado law classifies criminal offenses into two broad categories: felonies and misdemeanors. Felony offenses are the more serious and involve possible commitment to the Colorado Department of Corrections. Misdemeanor cases involve possible fine and/or imprisonment in the county jail.
2. What is a complaint?
A complaint is a legal document charging a person with violating a criminal law. It must be sworn to by someone who knows the facts of the crime charged, either by direct knowledge or through investigation.
3. What Is An Arrest?
When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they reasonably suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.
4. Someone I know has been arrested, what should we do?
There are two things to consider in the crucial moments which follow an arrest. The first is securing the person's release from jail as soon as possible. There are a number of ways this can be done. See Bail and Release. (Link to #13 herein.) The second concern is to preserve the arrested person's ability to defend against the accusations. It is best for the accused NOT to make statements to anyone concerning the case until he or she is able to consult with an attorney.
5. What Rights Do I Have?
You have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:
You have the right to remain silent.
Anything you say may (and probably will) be used against you.
You have a right to have a lawyer present while you are questioned.
If you cannot afford a lawyer, one will be appointed for you.
These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your statement may be inadmissible. However, this does not apply if you volunteer information without being questioned by the police.
6. Once I'm Told My Rights, Can I Be Questioned?
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, the questioning must stop as soon as you say so or as soon as you say that you want a lawyer.
You may be required to give certain physical evidence. For example, If you are suspected of driving under the influence of alcohol, you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license may be suspended and the refusal may be used against you in court, or if you take the test and it shows an alcohol concentration of over .08, your driver's license may be suspended and the results of the test may be used against you in court.
7. Who Can Arrest Me?
All law enforcement officers (such as police officers, county sheriff officers, investigators in a district attorney's office and highway patrol officers) can arrest you whether they are on or off duty. A probation or parole officer also can arrest you. They can arrest you even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a crime.
If you commit an infraction, they may ask you to sign a citation or notice instead of taking you into custody. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.
8. Who Maintains Arrest Records And What Do They Include?
Local police departments maintain arrest records. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges and the subsequent sentence imposed. Both pleading guilty and pleading "no contest" count as convictions, as well as a guilty verdict at trial.
9. When Is An Arrest Warrant Used?
An arrest warrant is an order signed by a judge, authorizing an officer of the law to arrest a person charged with committing a crime. Usually, a warrant is required before you can be taken into custody from within your home. However, anyone can be arrested at home without a warrant, if fast action is needed to prevent them from escaping, destroying evidence, endangering someone's life or seriously damaging property.
An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Before entering your home, a law enforcement officer usually must knock, identify him or herself and tell you that you're going to be arrested. If you refuse to open the door - or if there's another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as is practical.
At an arrest site, the police may search the area within your reach. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a crime in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape.
10. What happens to the accused?
The person accused of the crime is now called the defendant. Soon after arrest by a peace officer, the defendant is taken before a judge who informs the defendant of the reason he or she has been arrested, and of the facts contained in the complaint. The judge is required to set an amount of bail and to advise the defendant of his rights. Unless the defendant can post bail in the amount set by the judge, he or she remains in custody and is normally transferred to the county jail to await further action in the case.
11. What happens if someone threatens or tries to intimidate the accuser into dropping charges they have filed?
Such a person is obstructing justice and may be guilty of a felony offense called "Intimidation of a Witness."
12. I have not been arrested, but I have been accused of a crime. What should I do?
Use caution. Unless you are certain that the accusation will not result in criminal charges, it is best to consult with an attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making any statements. What you say, no matter how well-intentioned, can be misinterpreted and may be used as evidence against you later. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before to making ANY statements in order to make sure that your rights are protected. |
