Being arrested is a stressful and often terrifying experience, especially if it’s your first time encountering the legal system. Whether it’s for a minor offense or a serious charge, how you handle yourself in those critical moments can significantly impact the outcome of your case. As a criminal defense attorney, I’ve seen firsthand how missteps during an arrest can make defending a case more difficult—and conversely, how the right actions can preserve your rights and improve your chances in court.
If you or a loved one are arrested in Colorado, follow these essential steps to protect yourself and strengthen your legal defense.
Step 1: Stay Calm and Composed
The moment the police approach you with an arrest warrant or inform you that you’re being detained, your instincts may kick into overdrive. Fear, confusion, and even anger are common emotions, but it’s crucial to remain calm and composed.
What NOT to Do:
- Do not resist arrest. Even if you believe the arrest is wrongful, resisting can lead to additional charges such as resisting arrest or obstruction.
- Do not argue with the officers. The side of the road, your front porch, or a police station is not the place to argue your innocence—that’s what your attorney is for.
- Do not physically engage with law enforcement. Any form of aggression can escalate the situation and lead to force being used against you.
What TO Do:
- Take deep breaths and comply with lawful orders.
- Keep your hands visible at all times.
- Ask calmly if you are free to leave—if not, you are under arrest, and you should move to Step 2.
Step 2: Remain Silent—It’s Your Right
The biggest mistake people make after being arrested? Talking too much. Police are trained to extract information from suspects, and anything you say can and will be used against you in court.
Your Miranda Rights
When arrested, you should be read your Miranda Rights, which include:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be provided for you.
If the police start asking you questions, your best response is:
“I am invoking my right to remain silent and I want a lawyer.”
That one sentence is your shield—use it.
Why Staying Silent is Crucial
In a recent Court TV case I was featured on, a client of mine initially spoke to the police without an attorney present. He thought he was “explaining his side of the story,” but in reality, he was unknowingly giving the prosecution ammunition to use against him later. Law enforcement isn’t there to help you—they are building a case.
Step 3: Do Not Consent to Any Searches
Colorado law provides protections against unlawful searches and seizures under the Fourth Amendment. If the police ask to search your car, home, or belongings, you have the right to politely refuse unless they have:
- A search warrant
- Probable cause
- Your explicit consent
Why This Matters
Many clients I’ve represented were arrested based on evidence found only after they allowed officers to conduct a search. They didn’t realize they could refuse. If an officer asks, “Mind if we take a look inside?”, your response should be:
“I do not consent to a search.”
This does not mean officers won’t search you anyway, but if they do, and it was unlawful, your lawyer can potentially get the evidence thrown out in court.
Step 4: Ask for an Attorney Immediately
One of the most crucial things you can do after being arrested is request a lawyer—and do it as soon as possible.
When to Ask for a Lawyer
- As soon as the arrest happens.
- If police attempt to question you.
- Before making or signing any statements.
A real-life example: I had a client featured in a Law & Crime segment who was accused of a serious felony. The police told him, “If you just explain what happened, we can probably work this out.” That’s a trap—never talk without a lawyer. Your attorney’s job is to protect your rights and prevent self-incrimination.
Step 5: Understand the Booking Process
After an arrest, you’ll likely go through booking, which includes:
- Personal information collection: Officers will confirm your identity.
- Fingerprinting and mugshots: Your photo and fingerprints will be entered into the system.
- Property collection: Any personal belongings, including your phone and wallet, may be taken and stored.
- Initial processing: You may be asked for a statement (again—remain silent).
Step 6: Bail and Release Options
After booking, you may have the option to post bail or be released on your own recognizance (OR), meaning you promise to appear in court without needing to pay bail.
Types of Bail in Colorado
- Cash Bail: You (or someone on your behalf) pays the full amount.
- Surety Bond: A bail bondsman covers the cost, usually for a fee.
- Personal Recognizance Bond: You’re released without payment based on your promise to return.
Your attorney can argue for reduced bail or even push for release without bail, depending on the circumstances.
Step 7: What to Do After Release
Once released, you must begin preparing your defense immediately. This includes:
- Documenting everything: Write down what happened, including officer names, badge numbers, and witness details.
- Avoiding social media: Do not discuss your case online.
- Following court requirements: Make sure to attend all hearings.
Protecting Your Future
At Wolf Law LLC, we’ve defended countless clients in situations just like yours. We know how law enforcement operates, and we understand the strategies that prosecutors use to secure convictions. Our job is to fight for you.
If you or a loved one has been arrested, don’t wait—contact us immediately. The earlier we get involved, the better we can protect your rights and build a strong defense.
Call Wolf Law LLC today for a free consultation. Your future is worth fighting for.
