First time getting arrested in Brighton? Here’s what you need to know

We all have our bad days. Your go-to coffee shop ran out of your favorite oat milk or you woke up late and missed an appointment. Or simply you had a bad hair day. Each one of us experiences those kinds of days which would make us feel anxious, sad, or stressed out. But do you know what’s the worst among the worst days? It’s being arrested. On these kinds of days, you might feel the confusion, humiliation, and need to panic. Thus, it is important to first breathe and assess the situation. In Colorado, law enforcement authorities need probable cause or evidence that a person has engaged in a criminal activity so an arrest can be placed. This can be through witnessing the crime itself or obtaining a warrant of arrest. 

For instance, a traffic violation such as DUI may not need a warrant of arrest issued by a judge. The police can arrest you right there since a clear violation has been witnessed. Did you know that there are two types of warrants? The most common is what we call an arrest warrant wherein it is initiated by the police and issued by a judge or magistrate which allows law enforcement authorities to arrest a person and place them in custody considering the probable cause of having them committed a crime. On the other hand, bench warrants are intended to instruct the police force to arrest a person who violated a court order. This could be through failure to appear in court, failure to pay court fines, failure to pay child support and other court-ordered actions. If you are arrested, check out Brighton bail bonds to consult with a bondsman on how to get out of jail.

No matter what kind of arrest has been made, a person has certain rights under the United States Constitution and the State of Colorado. These rights will protect you from any potential injustice from the authorities. Read more below on what your rights are as a citizen after being arrested in Colorado:

The right to remain silent

You might have heard this a lot of times from TV shows or the news when a person is being arrested. “You have the right to remain silent. Anything you say can and will be used against you in a court of law”. Chills, right? This is what we call a “Miranda Warning” which gives the person arrested a right to not answer questions to further incriminate themselves.

The right to a phone call

This is also common in movies and TV shows wherein a suspect arrested is given a chance for a phone call to let someone know that they have been arrested and other details of importance.

The right to a lawyer

Anyone arrested has the right to call up their lawyers/attorney to defend them in a court of law. In cases where a person cannot afford an attorney, one will be appointed by the State.

The right to be informed about the charges

The first thing you need to ask is why have you been arrested. In some cases, confusion might arise in which a person has committed a simple violation that is not subject to arrest but is still arrested due to other violations the person might not be aware of. For instance, you have been stopped due to a traffic violation. Normally, only a ticket will be issued for the violation which only needs to be paid in the court hearing. However, the police may run the driver in the database and when there’s a pending warrant for their arrest, the police can take the driver into custody. This is an instance where a person has the right to ask about the charges that lead to their arrest.

The right to confront witnesses

According to the Sixth Amendment of the US Constitution, an accused person has the right to confront the witnesses against him. This means that the defendant may cross-examine any witnesses that testify against them at the trial which also applies to the statements that have been made in the court or outside of it. Also, the accused can have witnesses to testify on their behalf. All witnesses must give the oath to testify truthfully in court. 

The right to a speedy trial

Colorado has a statutory right to a speedy trial in which a defendant must be brought to trial within six months upon entering a “not guilty” plea. In this case, when this has not been met, the court will have to dismiss the charges against the accused person. Though, some exemptions would forfeit this “six months” period. In cases of a mistrial or if a trial date has been fixed by the court and the defendant has failed to appear on the said date, the period for the trial will be extended to another six-month period.

The right to bail

Most defendants have the right to bail under Colorado law. Though, this may not apply to capital offenses such as kidnapping, murder, and treason. It is, however upon the judge’s decision during the defendant’s first appearance in court, the amount of bail they must secure. 

The amount of bail may depend on several factors. A judge would first determine the severity or nature of the alleged offense. In this case, the higher the offense, the higher bail would be posted. Also, the judge will need to consider if the defendant will likely commit additional crimes when granted bail. The judge may also decide to not grant bail to a defendant that is more likely to be regarded as dangerous to the public such as those that have committed sexual assault or violent crimes.

A higher amount of bail granted by a judge will most likely be too costly for the defendant. As they need to secure their release as fast as possible, they need to secure the money to post bail. And many people cannot afford this, the good thing is that there is a bondsman in Brighton who offers Brighton bail bonds that will secure the payment of the bail on the defendant’s behalf. What’s the catch? The defendant only needs to pay 10-15% of the bail amount as the cost of their service. Not bad, right? The trusted bondsman in Brighton will be the one to post the bail and process the paperwork and you will only need to wait for your release. Just make sure that you appear on the prescribed court date and you’re good to go. 

By | 2023-05-09T06:54:09-06:00 May 11th, 2023|Blog|