What To Do If You're Arrested in Denver: A Step-by-Step Guide

What To Do If You’re Arrested in Denver: A Step-by-Step Guide

Quick Answer: What Should You Do If You're Arrested in Denver?

If you're arrested in Denver, do not physically resist, limit what you say about the alleged offense, and clearly ask for a lawyer before answering investigative questions. You have the right to remain silent, and Miranda warnings generally become relevant when police subject a person in custody to interrogation—not simply because an arrest occurred. If you remain in custody, Colorado generally requires an individualized bond hearing as soon as practicable and no later than 48 hours after you arrive at a jail or holding facility, subject to limited statutory exceptions. The decisions you make during the first several hours can affect the evidence, your release conditions, and the rest of the criminal case.

Key Takeaways After a Denver Arrest

• Do not physically resist an arrest, even if you believe the arrest is unjustified.
• You can be arrested without first receiving Miranda warnings.
• Clearly invoke your right to remain silent and request an attorney before custodial questioning.
• Colorado generally requires an in-custody arrestee to receive an individualized bond hearing within 48 hours of arrival at a jail or holding facility, subject to limited exceptions.
• Nonprivileged jail calls may be monitored or recorded, so don't discuss the facts of the case on them.
• Read every protection order and release condition carefully.
• Do not assume an alleged victim can authorize contact that a court order prohibits.
• A DUI arrest can create a separate DMV process with a short deadline that depends on how chemical testing occurred.
• Missing a required court appearance can lead to serious consequences, potentially including a warrant.

What To Do During the First Hour After an Arrest

Being arrested is stressful, and the natural reaction is often to start explaining. That can be a mistake. You generally do not need to convince the arresting officer of your innocence at the scene. If officers have decided they have probable cause to arrest you, arguing about the facts may simply generate additional statements that become evidence. Instead, focus on protecting yourself physically and legally.

1. Don't Physically Resist

Keep your hands visible and follow lawful physical directions. Do not pull away, push an officer, struggle over handcuffs, or attempt to leave. Colorado has a separate criminal offense of resisting arrest under C.R.S. § 18-8-103. Whether the underlying arrest was justified and whether the officer acted lawfully can be addressed through the legal process. A roadside or street confrontation is generally not the place to litigate those issues.

2. Clearly Invoke Your Right to Remain Silent

If police begin asking investigative questions, clearly state that you are invoking your right to remain silent. You can provide identifying or booking information when legally required without discussing what allegedly happened. Avoid trying to tell "just part" of the story. Partial explanations can create the same evidentiary problems as lengthy ones.

3. Clearly Ask for a Lawyer

If you are in custody and police want to interrogate you, clearly request an attorney. For example: "I want to speak with an attorney before answering questions." The legal effect of a request for counsel depends on the circumstances, but an unambiguous request during custodial interrogation provides substantially more clarity than vague statements such as, "Maybe I should get a lawyer."

4. Stop Discussing the Allegations

After invoking your rights, don't undermine that decision by continuing to volunteer information. You generally don't need to:

• Explain why the alleged victim is lying;
• Describe what happened before police arrived;
• Explain why physical force was justified;
• Identify possible defenses;
• Guess about evidence;
• Apologize;
• Try to negotiate your release; or
• Convince officers that the situation is a misunderstanding.

Discuss the facts with your defense attorney instead.

What Rights Do You Have During a Colorado Arrest?

An arrest does not eliminate your constitutional rights. Among the most important are your rights concerning silence and counsel. Colorado law also provides arrested people with a statutory right to communicate with an attorney and a family member through a reasonable number of telephone calls or other reasonable means of communication under C.R.S. § 16-3-402.

Do Police Have to Read Miranda Rights When They Arrest You?

Not necessarily. This is one of the most common misunderstandings about criminal cases. Miranda warnings generally concern custodial interrogation. An officer does not necessarily have to recite Miranda warnings simply because the officer places someone in handcuffs or announces that the person is under arrest. If police conduct custodial interrogation without providing warnings when Miranda requires them, the legal issue generally concerns whether resulting statements can be used—not whether the arrest itself automatically disappears. So don't wait to hear "You have the right to remain silent" before deciding to limit what you say.

Why You Should Be Careful About Explaining Yourself to Police

People often believe that if they can explain the situation clearly enough, police will realize they arrested the wrong person. Sometimes additional information can matter. But once you are under arrest, providing a detailed account without legal advice can create significant risks. Statements can:

• Appear in police reports;
• Be captured on body-worn cameras;
• Be recorded during interviews;
• Be compared with witness statements;
• Be used to challenge your credibility later; or
• Supply information investigators did not previously possess.

Invoking your right to remain silent is not an admission of guilt.

What Happens During Booking in Denver?

The exact process varies depending on the arrest and facility, but booking generally involves documenting the person's identity, charges, property, and custody status. For many Denver arrests involving detention, a person may be processed through the Denver jail system. Booking can include:

Search and Intake

Jail staff can search an incoming detainee and complete the intake process.

Personal Property

Property may be inventoried and stored while the person remains in custody.

Fingerprints and Photograph

Booking commonly includes fingerprints and a booking photograph.

Records and Warrant Checks

Authorities can verify identifying information, pending warrants, and other relevant records.

Medical and Safety Screening

Jail personnel may ask questions concerning medical conditions, medications, substance use, mental or behavioral health concerns, and immediate safety needs. Answer health and safety questions accurately. Those questions serve a different purpose from discussing the facts of the criminal allegations.

Communication

Colorado law gives an arrested person rights concerning reasonable communication with an attorney and family. Be cautious about discussing the alleged offense on nonprivileged jail communications.

Release or Continued Detention

What happens next depends on the charge, existing warrants, bond status, release eligibility, and court orders.

Are Denver Jail Calls Recorded?

Nonprivileged jail communications may be monitored or recorded. That means you should assume that a call with a friend, family member, alleged victim, or other non-attorney may potentially become relevant to the criminal case. Avoid discussing:

• What happened;
• What you told police;
• What another witness should say;
• Whether someone should delete something;
• Possible defenses;
• The location of evidence; or
• Anything else concerning the alleged offense.

Keep nonprivileged calls focused on practical matters. Communications with an attorney can receive different legal protections, but follow the facility's procedures for attorney communications rather than assuming every call placed to a lawyer is handled identically.

How Long Can You Be Held Before a Bond Hearing in Colorado?

Colorado law generally requires the arresting jurisdiction to bring an in-custody arrestee before a court for bond setting as soon as practicable and no later than 48 hours after the person arrives at a jail or holding facility. The court must enter an individualized bond order within that general timeframe. The 48 hours run from arrival at the jail or holding facility—not necessarily from the moment of the initial police encounter.

Does the 48-Hour Rule Include Weekends and Holidays?

Colorado established procedures intended to make timely bond hearings available even outside ordinary court hours, including the use of bond hearing officers and audiovisual technology. A Friday-night arrest therefore does not automatically mean the person must remain in custody until Monday simply because regular court offices are closed.

Are There Exceptions to the 48-Hour Rule?

Yes. The statute recognizes limited circumstances in which failing to conduct the hearing within 48 hours is not a violation. Those include certain emergencies requiring court closure and circumstances in which the person refuses to attend or cannot proceed because of specified serious medical, behavioral-health, drug, or alcohol-related circumstances. So it is more accurate to describe 48 hours as the general statutory deadline rather than an absolute rule without exceptions.

How Does Bond Work After a Colorado Arrest?

Bond concerns the conditions under which a person may remain out of custody while a criminal case is pending. Colorado law requires individualized bond decisions. Depending on the circumstances, the court can impose monetary and nonmonetary conditions authorized by law. Those conditions are designed to address issues such as appearance in court and public safety while taking the individual circumstances into account.

Personal Recognizance Bond

A personal recognizance, or PR, bond generally allows release without requiring the defendant to deposit the monetary amount of the bond in advance. The defendant remains obligated to appear and follow all release conditions.

Cash Bond

A cash bond requires the applicable amount to be posted. Whether and when money is returned depends on what happens with the bond and whether it is forfeited.

Surety Bond

A surety bond involves a licensed bail bonding agent posting the bond. The bonding agent charges a premium for that service.

How Much Can a Colorado Bail Bondsman Charge?

Colorado law limits the premium or commission charged by a professional cash-bail agent or cash-bonding agent to no more than the greater of: $50 or 15% of the amount of bail furnished. For example, 15% of a $10,000 bail amount is $1,500. That does not mean every bonding agent necessarily charges the maximum amount, and separate legally permitted charges can exist in limited circumstances. Read the bail-bond agreement carefully before signing it.

How Quickly Are You Released After Bond Is Set?

Posting bond does not necessarily mean you walk out of jail immediately. The jail still has to complete the release process. Colorado's pretrial detention laws include timing requirements for release in specified circumstances once the legal requirements have been met. Actual timing can depend on the bond, paperwork, outstanding holds, other cases, and circumstances at the jail. For that reason, avoid promising that someone will be released within a particular number of hours unless their specific situation has been confirmed.

What Conditions Can a Judge Impose on Release?

Release conditions vary by case. Depending on the allegations and circumstances, conditions can address:

• Contact with an alleged victim;
• Alcohol or controlled substances;
• Weapons;
• Travel;
• Monitoring;
• Court appearances; and
• Other conduct authorized by law.

Read the written conditions carefully. Violating release conditions can result in serious consequences, including modification or revocation of release in appropriate circumstances. Certain conduct may also constitute a separate criminal offense.

What About a Mandatory Protection Order?

Colorado criminal cases can involve mandatory criminal protection orders. The precise restrictions depend on the case and the written order. A protection order may prohibit or restrict contact with an alleged victim or witness and can impose other requirements. The important rule is simple: Follow the court's written order, not informal permission from another person. If the order prohibits contact, the protected person's invitation to call, text, visit, or return home does not necessarily modify the court's order. Only the court can modify its order.

What Should You Do When Someone You Love Is Arrested in Denver?

If a family member or friend has been arrested, focus on logistics rather than trying to investigate the case yourself.

Find Out Where They Are

Denver provides an online inmate-search system through the Denver Sheriff Department. Use official information to determine whether the person is in custody and where they are being held.

Keep Jail Calls Focused on Logistics

Don't ask the person to give you a detailed account of what happened over a nonprivileged jail call. Instead, focus on practical information such as:

• Whether they need an attorney;
• Whether bond has been set;
• When the next hearing occurs;
• Whether someone needs to arrange transportation or other logistics; and
• Whether there are court orders that affect contact.

Check for Protection Orders

If the case involves domestic violence, assault, stalking, harassment, or another allegation involving a particular person, determine whether the court has entered a protection order before facilitating communication.

Understand the Bond Before Paying

Before hiring a bail bonding agent, determine:

• The bond amount;
• The type of bond;
• The premium;
• Whether collateral is required;
• What happens to collateral;
• Whether a bond hearing is imminent; and
• Whether other holds would prevent immediate release.

What Not To Do After an Arrest

The hours and days after an arrest can create additional legal problems if someone acts impulsively.

Don't Discuss the Case Widely

Friends, relatives, acquaintances, cellmates, and other people generally do not have the same attorney-client privilege that protects qualifying confidential communications with counsel.

Don't Post About the Case on Social Media

Posts, messages, photographs, comments, and other online activity can potentially become evidence. Deleting material can create additional issues depending on the circumstances, so discuss preservation of relevant evidence with counsel rather than trying to "clean up" an online history.

Don't Contact Someone in Violation of a Court Order

If a protection order or bond condition prohibits contact, follow it. That remains important even when the other person initiates communication.

Don't Miss Court

A missed required appearance can lead to serious consequences, potentially including issuance of a warrant and action involving your bond. It is too broad to say that every missed appearance automatically results in a warrant or automatically "undoes" a bond. The consequence depends on the case and the court's response. If you have already missed court, address it promptly.

Don't Violate Release Conditions

Read every condition carefully. If you don't understand a condition, ask your lawyer rather than guessing about what the order permits.

Can Police Search You When You're Arrested?

A lawful custodial arrest can permit police to conduct a search incident to arrest without obtaining the person's consent. The scope of warrantless searches beyond that context depends on Fourth Amendment law and the particular circumstances. If police ask for consent to conduct a separate search, you do not have to physically resist. Whether officers had lawful authority to conduct a search without consent is an issue that can later be evaluated by defense counsel and, when appropriate, challenged in court.

What Happens After You're Released?

After release, the criminal case continues. The next steps depend on whether the case involves a misdemeanor, felony, municipal offense, DUI, or another charge. They can include:

• An advisement or other early court appearance;
• Bond review;
• Appointment or retention of counsel;
• Discovery;
• Investigation;
• A preliminary hearing in qualifying felony cases;
• Pretrial conferences;
• Motions;
• Plea negotiations;
• Arraignment; and
• Trial.

There is no single sequence that applies identically to every Denver criminal case.

What Happens at Your First Court Appearance?

At an initial advisement, the court generally advises the defendant concerning the charges and applicable rights. Bond or release conditions may also be addressed depending on the case. Do not assume that a first court appearance automatically means you must enter a plea. An arraignment—the stage associated with entering a plea—can occur separately.

When Should You Contact a Criminal Defense Lawyer?

There can be value in obtaining legal advice early, particularly when:

• Police want to conduct a custodial interview;
• You remain in custody;
• Bond or release conditions need to be addressed;
• A protection order limits contact;
• Evidence needs to be preserved;
• The case involves felony allegations;
• The arrest involves DUI and a separate DMV proceeding; or
• A court or administrative deadline is approaching.

Early representation does not guarantee a particular outcome. It can, however, help you understand what you are facing before making decisions that may be difficult to reverse.

What if the Arrest Is for DUI?

A Colorado DUI can create both a criminal case and a separate DMV driver's-license proceeding. Do not assume every DUI arrest has the exact same seven-day DMV deadline.

Breath Test or Refusal

When a driver's license is surrendered in connection with an express-consent proceeding, Colorado DMV generally provides seven days to request an administrative hearing.

Blood Test

Blood-test cases can proceed differently because the laboratory result is not immediately available. When a driver retains the license while the blood result is pending and the DMV later receives a qualifying result, DMV generally sends a notice containing a response date. Colorado DMV's published express-consent process identifies that response period as 11 days. The safest approach is to review the actual DMV paperwork immediately rather than calculating the deadline from the date of arrest.

FAQ: What To Do If You're Arrested in Denver

Do Police Have to Read Me My Rights When They Arrest Me?

Not necessarily. Miranda warnings are generally required before custodial interrogation rather than simply at the moment of arrest. A failure to provide required Miranda warnings can affect whether certain statements are admissible. It does not automatically invalidate the arrest or dismiss the entire case.

How Long Can Police Hold Me Before a Bond Hearing in Colorado?

If you remain in custody, Colorado generally requires an individualized bond hearing as soon as practicable and no later than 48 hours after arrival at a jail or holding facility. The law contains limited exceptions for specified circumstances, so the 48-hour requirement should not be described as absolute in every situation.

Should I Talk to Police if I'm Innocent?

You have the right to remain silent and the right to seek legal advice before custodial interrogation. Innocence does not prevent a statement from being misunderstood, disputed, or used as evidence. If police want to question you about suspected criminal conduct while you are in custody, you can clearly invoke your rights and request counsel.

How Do I Find Out if Someone Was Arrested in Denver?

The Denver Sheriff Department provides an official inmate-search system for people in its custody. You can use that resource to determine whether someone is currently being held and obtain available custody information.

How Much Can a Bail Bondsman Charge in Colorado?

Colorado law caps the premium or commission charged by specified licensed bail bonding agents at the greater of $50 or 15% of the bail amount. On a $10,000 bond, 15% is $1,500. Review the agreement for any legally permitted additional charges and collateral requirements before signing.

Can I Refuse a Search During an Arrest?

Police can conduct certain searches without consent when the law authorizes them, including a lawful search incident to arrest. You do not have to physically resist a search. If officers request consent for a search that depends on your permission, consent and legal authority are separate questions. A defense lawyer can later evaluate whether a warrantless search was lawful.

What Happens if I'm Arrested on a Weekend?

A weekend arrest does not automatically mean you must remain in custody until Monday. Colorado's bond-hearing framework is designed to provide hearings within the general 48-hour period even on weekends and holidays, including through bond hearing officers and remote technology where applicable. Limited statutory exceptions can extend the time frame in particular circumstances.

Arrested in Denver? Know Your Next Step

An arrest is the beginning of a criminal case—not a conviction. What happens next depends on the charge, evidence, custody status, bond, and court orders. The immediate priorities are to avoid creating additional allegations, understand your release conditions, preserve your rights, and determine what deadlines or hearings are approaching. Price Criminal Defense represents people facing criminal charges in Denver and throughout Colorado. Call Price Criminal Defense at (720) 615-7106 for a free consultation. All calls are answered 24/7. Our Denver criminal law attorneys represent clients in Denver and throughout Denver County.