What Happens After You’re Arrested in Colorado? A Step-by-Step Guide to the Criminal Process
- allendefendsyou
- Jul 22
- 4 min read
Understanding the Arrest Process in Colorado
Being arrested is one of the most stressful experiences a person can undergo. Whether it’s your first time in legal trouble or not, the uncertainty, fear, and confusion can be overwhelming. As a criminal defense attorney based here in Colorado, I’ve walked hundreds of clients through this process.
This guide will help you understand the arrest process in Colorado, from the moment you’re taken into custody to the possible outcomes.
Knowing what’s coming next can make all the difference, and having the right legal help early on can change the outcome entirely.
Step 1: The Arrest and Booking Process
If you’re arrested in Colorado, the first step is typically being taken into custody by law enforcement. This can occur after a traffic stop, during an investigation, or immediately during an incident.
After the arrest, you will be taken to a local jail or detention center for booking, which includes:
Taking your fingerprints and photograph
Recording your personal and arrest information
Searching your belongings
Placing you in a holding cell
Depending on the charge, you may be held until your first court appearance or released on bond.
Step 2: Bond, Bail, or Release
In many cases, you may be eligible for bond—money paid as a guarantee that you will return for future court dates. Bond can be posted by:
Paying the full amount in cash
Hiring a bail bondsman who charges a percentage (usually 10–15%)
Being released on a Personal Recognizance (PR) Bond, which doesn’t require payment but carries conditions
Bond amounts vary depending on the severity of the charges, your criminal history, and whether you are considered a flight risk.
A defense attorney can often help argue for lower bond or a PR release at your initial hearing.
Step 3: Your First Court Appearance (Advisement/Arraignment)
Your first court appearance usually takes place within 48 to 72 hours of your arrest (excluding weekends and holidays). This hearing is often called an advisement or arraignment.
Here’s what happens:
The judge informs you of your charges
You’re advised of your rights (including your right to an attorney)
You’ll be asked to enter a plea (not guilty, guilty, or no contest)
Bond conditions may be reviewed or modified
Important tip: You are not required to say anything beyond entering your plea. It’s strongly recommended to speak with a defense lawyer before this hearing so you don’t unknowingly hurt your case.
Step 4: Pre-Trial Conferences and Motions
If you plead not guilty, your case will move into the pre-trial phase, which may involve:
Pre-trial conferences with the prosecutor
Filing and arguing pre-trial motions (e.g., to suppress evidence or dismiss charges)
Discovery, where both sides exchange evidence
Negotiating plea bargains
This is the part of the process where a skilled defense attorney is especially critical. I work with clients to review every piece of evidence, identify weaknesses in the prosecution’s case, and negotiate the best possible resolution.
Step 5: Trial (If No Plea Deal Is Reached)
If your case cannot be resolved through a plea deal or dismissal, it will move to trial. In Colorado, you are entitled to a jury trial in most criminal cases.
The trial includes:
Jury selection
Opening statements
Witness testimony and cross-examination
Presentation of evidence
Closing arguments
Jury deliberation and verdict
At trial, the prosecution must prove your guilt beyond a reasonable doubt. My role is to challenge that evidence, present your side of the story, and fight for the best outcome.
Step 6: Sentencing
If you are convicted, either by plea or at trial, the court will schedule a sentencing hearing.
The judge will consider:
The nature of the offense
Any prior criminal record
Statements from victims (if applicable)
Mitigating factors, such as family support, employment, or substance abuse treatment
Sentencing can include:
Jail or prison time
Fines
Probation
Community service
Mandatory classes or treatment
Restitution to victims
I work hard to minimize the impact of sentencing and explore alternatives like diversion programs, probation, or deferred judgments that can help protect your future.
Step 7: Appeals and Post-Conviction Relief (If Needed)
If you believe your trial was unfair or your rights were violated, you may be able to file an appeal or request post-conviction relief. Appeals are complex and time-sensitive, but they are sometimes the only option left.
Common grounds for appeal include:
Legal errors during trial
Improperly admitted evidence
Ineffective assistance of counsel
Prosecutorial misconduct
If you’re considering an appeal, don’t wait. There are strict deadlines to act.
Bonus: Can You Seal or Expunge Your Record?
Depending on the outcome of your case, you may be eligible to seal your criminal record under Colorado law. This means it would no longer be visible in most background checks.
You may qualify if:
Your charges were dismissed
You completed a diversion program
Enough time has passed since a conviction
The conviction is for a qualifying offense
A sealed record can make a huge difference when applying for jobs, housing, or loans. I help clients understand their eligibility and guide them through the process.
Why Legal Representation Matters
From the moment you are arrested, the clock starts ticking. Every step in this process—from your first hearing to the possibility of sealing your record—comes with decisions that can impact the rest of your life.
As a criminal defense attorney in Colorado, I make sure my clients never walk into court unprepared or uninformed. You don’t have to face the system alone—and you shouldn’t.
Contact The Allen Law Firm
If you or a loved one has been arrested in Colorado, reach out as soon as possible. I offer complimentary consultations to help you understand your rights, options, and how I can help you.
📞 Call 719-650-9149
📧 Email charles@allendefendsyou.com
🌐 Learn more at www.allendefendsyou.com
Your future deserves a defense. Let’s fight for it—together!
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