Being arrested in Denver is a scary and traumatizing experience. In situations where the circumstances around your arrest are unclear, the stress associated with the situation can be difficult to handle, confusing, and embarrassing all at the same time.
The police must follow a set process and certain procedures when you are arrested. The law establishes these. They must also inform you of your constitutional rights.
After doing this, they will take you into custody. You are not “free” to go, and you cannot walk away from the arresting officer.
Certain conditions must be present for you to be arrested, which include the following:
When you are arrested, reacting emotionally and angrily is not unusual. Unfortunately, these reactions can make an already bad situation worse.
If you are arrested, you have rights. One right is to speak to an attorney. At the Law Offices of Steven J. Pisani, LLC, our legal team can provide you with the legal representation you need to ensure you get the proper representation for your situation.
Along with contacting our attorneys immediately (or as soon as possible after being arrested), be sure to know what you should and should not do during the arrest process. This information will help you avoid more serious penalties.
This applies to any interaction you have with the police. You should always cooperate with the police.
When you are arrested, your rights will be read to you and you will be taken to jail. When you reach the detention center, you will be searched, and your fingerprints and photo will be taken. The police will create a report that details why you were arrested and other important information.
Never resist. Never use force against the police. Remain calm and cooperative.
The law states that you can face additional charges if you resist arrest. If you use force against the police or attempt to flee from them and cause an injury to an officer, you may face charges of battery on an officer.
It is never a good idea to sign a Miranda waiver when the police request you to do this. It would help if you waited to speak to the police until your lawyer arrived.
It is required that you provide the arresting officers with some information. This includes the following:
Beyond this basic information, you do not have to talk to the police or answer their questions.
Make sure you request a criminal defense attorney in Denver to represent you. Don’t talk to the police officers until your requested attorney arrives. You should avoid speaking to other people who are being held in the detention center, as well.
It’s important to remember that the police want you to talk. Everything you say can be used against you, so it is best to remain silent.
If you waive your Miranda rights, you may accidentally say something that will incriminate you somehow, which can exacerbate the situation. It’s best to talk to your lawyer first, which will help you determine what you should and should not say.
It would help if you didn’t try to make decisions about your arrest or the charges against you without your attorney present. Refuse to sign anything or be in a lineup until you talk to a lawyer.
When you are arrested, you should be able to call your attorney, your family, and even a bail company. Remember, when you are in jail, conversations are recorded. You should let your family know about your arrest, but don’t give any details about the situation.
Get in touch with our criminal defense team to represent you and ensure you take the right steps after arrest.
Sometimes, the police go “off script.” If this happens, your rights may be violated. If you believe this is happening to you, there are a few things you can do. One of the most important things is to pay attention to what is happening.
You must write down everything you can remember, including the authority’s patrol car numbers and officers’ badge numbers. You should also write down the agencies the officers were from and any other details you can remember.
If you are injured during the arrest, get medical attention, or request it when you can.
You should file a written report with the internal affairs division or a civilian complaint board.
If you are being arrested or arrested in Denver, you may have more than a few questions. Some of the most asked questions are answered here.
The simple answer to this is no. The police are not required to tell you why you are under arrest.
Within 48 hours, if you have not been bailed or bonded out of jail, you have the right to be seen before a judge and told what the charges are or released. When a judge sees you, that is when the charges filed against you are read.
While this is true, when you are arrested, the police will likely provide you with some explanation about why you are being arrested or taken into custody. It’s important to remember when talking to authorities they want to get as much information out of you as possible. You should remain silent.
The answer to this is probably one you don’t want to hear – it depends. Your arrest can be pending for as long as it takes the authorities to conduct a thorough investigation.
In the state of Colorado, the standard is around 20 minutes. If you want to challenge your arrest and detention, you can have your criminal defense lawyer argue that the authorities kept you longer than necessary based on the circumstances. If a judge agrees with this, then the criminal charges that resulted in you being detailed will probably be dropped completely.
It’s important to remember that when you are detailed, it is voluntary. This is true unless you have verbally asked to leave.
If the police detail you, you should ask them if you can leave. If the officer confirms that you are free to go, it is up to you to leave the encounter and scene. If you decide to stay, then the detention is considered legal.
The term “resisting arrest” is self-explanatory. If the police have probable cause to arrest you and you resist them in any way, you may face misdemeanor resisting arrest charges. Some examples of resisting arrest include running from the police or giving the authorities a false ID.
You should be aware that some officers may threaten you if you don’t comply with a search request or if you fail to answer their questions. Don’t fall for this. You have the right to refuse police searches and to refuse to answer their questions until your lawyer is present.
If you are arrested, you have the right to remain silent. You also have the right to seek legal counsel. If you are arrested, do not rely on the police to let you know about your right to remain silent and get the services of an attorney. Instead, state that you want to remain silent and that you need a lawyer.
If the police continue to question you, repeat your wishes. This is your “legal shield.” You don’t have to talk and should avoid doing so since you may say something that incriminates you.
It is smart to contact a Denver criminal defense attorney immediately if you are arrested in Denver. Our legal team at the Law Offices of Steven J. Pisani, LLC, is ready to provide you with the legal representation you want and need.
Our Denver law firm has provided legal services for clients for decades, and we will aggressively fight for your rights. Contact us today if you are arrested and need a strong defense team. We are here to help with your situation.
Remember, the penalties for a criminal conviction can be severe. If you don’t have quality legal defense services, you may not have the representation needed to overcome these charges. Let us help you with our experience and resources. We can help you achieve the best possible outcome for your case and situation.