What to Do If You’re Arrested in Colorado

By William Bacharach, Criminal Defense Attorney | Bacharach Law, Denver

Being arrested is one of the most disorienting experiences a person can go through. Whether it happens after a traffic stop in Aurora, a bar altercation in LoDo, or a knock on your door in Lakewood at 6 AM, the decisions you make in the first hours after an arrest can shape the outcome of your entire case. Here is what a Colorado criminal defense attorney wants you to know.

Stay Calm and Do Not Resist

This is not legal advice about your rights — it is practical advice about survival. Resisting arrest in Colorado is a class 2 misdemeanor under C.R.S. § 18-8-103, punishable by up to 120 days in jail. If the officer claims you used force or threats during the arrest, the charge escalates to obstructing a peace officer, a class 6 felony carrying 12 to 18 months in prison (§ 18-8-104). Even if the underlying arrest is completely unjustified, resisting adds a second charge that is often harder to beat than the first.

Stay calm. Keep your hands visible. Do not argue, run, or pull away.

Exercise Your Right to Remain Silent

You have an absolute constitutional right to remain silent under the Fifth Amendment. Colorado courts have consistently held that silence cannot be used against you at trial if you clearly invoke the right.

Here is what to say: “I am invoking my right to remain silent. I want to speak with an attorney before answering any questions.”

Then stop talking. Do not explain. Do not apologize. Do not try to talk your way out of it. Anything you say — even something that seems harmless — can be taken out of context and used as evidence. Police officers are trained to keep you talking. The longer you talk, the more material the prosecution has to work with.

Do Not Consent to Searches

If police ask to search your car, your bag, or your phone, you have the right to say no. The Fourth Amendment protects you from unreasonable searches, and in Colorado, officers generally need a warrant unless an exception applies (plain view, search incident to arrest, or exigent circumstances).

Say clearly: “I do not consent to a search.” If they search anyway, that is a legal issue your attorney can challenge later. But if you give consent, the search is legal and any evidence they find is admissible.

Understand the Booking Process

After arrest in Colorado, you will be transported to the detention facility in the county where the arrest occurred — the Denver Downtown Detention Center for Denver County arrests, the Arapahoe County Detention Facility in Centennial, the Jefferson County Detention Facility in Golden, the Adams County Detention Facility in Brighton, or the corresponding facility in Boulder, Douglas, Weld, or Broomfield County.

Booking involves fingerprinting, photographing, and processing your information into the system. You will either be held until a bond hearing or released on a personal recognizance (PR) bond, depending on the charge. Most misdemeanor arrestees are released within hours. Felony charges typically require a bond hearing, which must happen within 48 hours of arrest under Crim. P. 7(a).

Call a Criminal Defense Attorney Immediately

This is the single most important thing you can do. An attorney can intervene at every stage — from the initial bond hearing to the advisement to preliminary motions. The earlier an attorney is involved, the more options are available.

A Colorado criminal defense attorney will:

• Appear at your bond hearing and argue for release or reduced bond
• File a demand for speedy trial, which puts the prosecution on a 6-month clock (Crim. P. 48)
• Advise you on whether to submit to any testing or interviews
• Begin investigating the facts while evidence is fresh and witnesses are available
• File motions to suppress illegally obtained evidence before it ever reaches a jury

William Bacharach represents clients across the Colorado Front Range — in Denver, Jefferson, Arapahoe, Adams, Douglas, Boulder, Weld, and Broomfield Counties, as well as the U.S. District Court for the District of Colorado. He takes calls 24/7 for arrests and urgent matters. The consultation is free and completely confidential.

Know Your Court Dates

Missing a court date in Colorado results in an automatic bench warrant under Crim. P. 7(f). The judge can also increase or revoke your bond. Even if you are overwhelmed, confused, or unsure about your case, showing up is non-negotiable.

Your first court appearance is called an advisement. At the advisement, the judge reads the charges, advises you of your rights, and sets conditions of release. You do not enter a plea at this stage. Having an attorney present at the advisement makes a significant difference — the judge sees that you are taking the matter seriously, and your attorney can immediately address bond conditions, no-contact orders, and other restrictions that affect your daily life.

Colorado court locations vary by county. Cases filed in Denver are heard at the Lindsey-Flanigan Courthouse. Jefferson County cases go to the courthouse in Golden. Arapahoe County cases are heard in Centennial. Adams County cases are heard in Brighton. Knowing which court your case is in — and when you are due to appear — is critical.

Do Not Discuss Your Case on Social Media

Anything you post online can be subpoenaed and used as evidence. Prosecutors across Colorado routinely monitor social media accounts of defendants. A single post, photo, or check-in can contradict your defense. Do not post about the arrest, the charges, or even your location. Tell friends and family not to post about it either.

Frequently Asked Questions

How long can police hold me without charges in Colorado?

Under Crim. P. 7(a), you must be brought before a judge within 48 hours of arrest. If the prosecution has not filed charges by that point, you must be released. In practice, most charges are filed within 72 hours, though the formal filing deadline depends on whether the case is a misdemeanor or felony.

Will I go to jail if this is my first offense?

Not necessarily. For many first-time misdemeanor offenses, Colorado judges are inclined toward probation, community service, or deferred judgment rather than jail time. A deferred judgment under § 18-1.3-102 allows you to complete conditions and have the case dismissed — with no conviction on your record. However, the outcome depends entirely on the charge, the facts, and how your case is presented.

Can an arrest be removed from my record in Colorado?

If your case is dismissed, you are acquitted, or your charges are never filed, you can petition to seal the arrest record. Colorado’s Clean Slate Act significantly expanded sealing eligibility. Even some conviction records can be sealed after a waiting period, depending on the offense classification.

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Arrested in Colorado? The sooner you have representation, the more options are on the table. William Bacharach is a Colorado criminal defense attorney and former Deputy State Public Defender who has tried over 20 cases to verdict. He represents clients in Denver, Aurora, Lakewood, Golden, Boulder, Centennial, Brighton, Greeley, Fort Collins, and throughout the Front Range. Call (720) 303-5778 for a free, confidential consultation — available 24/7 including nights and weekends.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact a qualified criminal defense attorney to discuss the specific facts of your situation.