Getting arrested is a serious matter. It is also a situation where many do not know what to do or expect. The first thing to do is contact an attorney. These legal professionals can answer many initial questions a client or their loved ones may have. Of course, they can also defend their clients, ensuring that the arrest was legal and there was no violation of the defendant’s right.
Below is a short list of questions we often hear from clients during our initial consultation:
Can they detain me that long during a stop?
Law enforcement can detain a person as long as it takes to do an initial investigation. Then they can bring the suspect in without immediately filing charges.
What happens if I’m brought in by law enforcement?
Typically, the accused also has the right to have their warrantless arrest reviewed within 48 hours by a judge, and the prosecution must file charges within 72 hours.
What if they hold me but don’t charge me?
Here in Colorado, the accused can be detained in jail without being charged.
Can I get released once I’m charged?
This will depend upon the specifics of the case. The defendant may be released on their own recognizance if there is a low likelihood that they will flee.
Will I have to pay bail?
Those facing serious criminal charges may also be at risk of failing to appear for their court dates, so there may be the need for a pretrial bond. The bond can require:
- Putting up money for release
- Putting up property of value for release
- Promising to follow conditions set forth for the release.
Bonds through a bail bond company are surety bonds. The bondsman pays the bond and takes on the responsibility of guaranteeing they will appear. Their fee is 10-15% of the bond amount.
What if the initial arrest or investigation was a mistake, and I’m innocent?
Sometimes it is all a misunderstanding. The detained person will not get charged and will be released – they will still have an arrest record, but they will not have a criminal record.