Getting arrested is a stressful, disruptive occurrence that can send shockwaves through the life of an ordinary person. As the police take you away there are a hundred questions running through your mind, most of which – if you’ve never been arrested before – you have no answer for. Where will you be taken? Will you be sharing a cell with genuinely dangerous individuals? How do you get in touch with a bail bond agent to secure your release? And how long can the police hold you without charging you with a crime? In this post, we’re going to focus on that last question.
So You’ve Been Arrested. What Now?
If you have been arrested in Denver or Broomfield County the police are under no obligation to tell you what you’ve been arrested for. At least not as they’re leading you away in handcuffs. The officer believes he or she has enough cause to make an arrest and that’s all that matters.
However, at some point, the ability of the police to hold you without charge expires. That point comes after 48 hours. If 48 hours have passed and you have not been informed of the charge against you the police will be compelled to let you go or bring you before a judge who will advise you of the charges.
In most cases, however, the police will either come straight out and tell you what the charge is or, at the very minimum, provide you with a general explanation of why they arrested you.
Can You be Held for More Than 48 Hours?
“Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The act clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court.”
—Colorado General Assembly
Technically the state cannot hold you for more than 48 hours without either charging you with a crime or releasing you. However, if they do charge you after 48 hours that doesn’t necessarily mean you can just ring up the bonding company and gain your release.
If they’ve held you this long it’s unlikely that when they finally do charge you they’re just going to read you an amount from the bail schedule so you can call the bail bond company. Instead, you will likely be held over for a bail hearing that might happen right away or might take another 24 or 48 hours.
Why so long? Well, let’s say for example that you got arrested on a Thursday night before a long holiday weekend and were finally charged on Saturday, 48 hours later. Because Monday is a national holiday you might have to wait until Tuesday when the courts reopen for your bail hearing.
And don’t forget, depending on the seriousness of your alleged crime and other factors like your criminal history (if you have one) the judge or magistrate may decide to deny bail altogether and transfer you from the police station to jail to await your day in court.
Other Factors That May Influence How Long You Are Held
New information
If you are arrested for a serious crime it’s likely a prosecutor will want to review your case before deciding whether it’s in the state’s interest to file charges against you and what those charges should be.
It’s also important to remember that the prosecutor is not bound by the initial charges they file against you. If new information comes to light they may alter the charges and, instead of allowing you to call a bail bond agent, they may recommend to the court that you be held without bail.
Habeas corpus
It’s not all that common but it is possible that the state may hold you longer than 48 or 72 hours without charging you with a crime, releasing you or scheduling a court appearance. This often happens because the state believes you are guilty of a heinous crime but has not yet gathered enough evidence to charge you, yet they believe that evidence will be forthcoming.
If several days or longer pass and you are still in custody and have not been charged with a crime your lawyer can apply for a writ of habeas corpus. Habeas corpus is a Latin phrase that roughly translates to “produce the body” and compels the state to bring you before a judge and explain why they are continuing to hold you.
habeas corpus • a legal order requiring that a person in custody be brought before a judge or court, particularly to ensure their release unless valid reasons for their detention are demonstrated.
If the judge believes the state’s reasons are insufficient they will order your release. But there is also a chance the judge may agree with the state and order you returned to jail (only about 40% of habeas corpus petitions are successful). Also, don’t expect a writ of habeas corpus to be a fast track to release. It can take months or longer to adjudicate Habeas corpus cases.
Miranda Rights
Miranda rights are legal protections that police must inform you of before questioning you during an arrest. These rights are outlined in the visual guide below.
Download a PDF of the Infographic Above:
Contrary to common media portrayals, Miranda Rights only need to be read if the officer intends to interrogate you about the alleged crime. If no questioning is planned, the police are not required to recite your Miranda rights, contrary to what many people believe due to portrayals in TV shows and movies.
FAQs About Colorado Arrest Laws
Yes, you have the right to contact an attorney immediately after your arrest. It’s crucial to get legal advice as early as possible to understand your rights and to avoid self-incrimination if questioned by law enforcement.
Yes, under certain circumstances, bail can be denied. This usually happens when the alleged crime is particularly serious or if the judge believes you’re a flight risk or a danger to the community. In such cases, you would remain in jail until your trial.
While filing a writ of habeas corpus can compel the state to justify your detention, it’s not a quick process. It may take weeks or even months for the courts to process and rule on your habeas corpus petition, so it should not be relied on for an immediate release.
Miranda rights must only be read if the police plan to interrogate you after your arrest. If the officers don’t intend to question you, they aren’t required to read you these rights. This can come as a surprise to many who expect their rights to be recited upon every arrest.
Yes, the initial charges filed against you can be modified. As new evidence is discovered, a prosecutor may decide to change or add to the charges. This could affect your chances of getting bail or alter the legal strategy your lawyer will pursue.
Yes, if new evidence comes to light, a prosecutor may amend the charges against you or request that you be held without bail. This can extend the time you are held in custody, especially in serious cases where the prosecutor needs more time to gather sufficient evidence.
Habeas corpus is a legal process that allows your lawyer to challenge the legality of your detention if you are being held without charge for an extended period. It compels the state to present you before a judge to justify your continued detention. If the judge finds the reasons insufficient, they can order your release.
Call Urban Bail Bonds for Broomfield County Bail Bonding
How long you spend in jail after being arrested will depend on many factors. But if you have been arrested and are offered bail contact Urban Bail Bonds at 303 623-0399. We’re here for you with affordable 24 hour bail bonds.
