Once you are arrested in Colorado, there are a number of things to keep in mind. Many people talk about the fact that the police have to read you your rights. Once you’re placed in custody, any further questioning the police have about the case requires them to read you your rights.
Your Rights After Being Taken Into Custody
We’ve all heard about your rights on TV: the right to remain silent and the right to have an attorney present. That is true. Once you’re in custody, do not answer questions unless they’ve read you your rights.
The Booking Process
You’ll then be transported to the police department where you’ll be booked.
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The booking questions, how old are you, where do you live, those kinds of things are not things that need to have your rights associated with them. They don’t have to read you the rights to ask you where you live, how old you are, what your date of birth is, or anything about the case.
They do have to read you your Miranda rights. You’ll then be fingerprinted, photographed, and then usually placed in a holding cell where a bond is set.
During the booking process, do not say anything except for the very basics: who you are, where you live, and what your phone number is. Even if it was in self-defense, if you say something that isn’t in response to questions, those answers are admissible in court.
Anything and everything you say can and will be used against you; that’s not an exaggeration.
Domestic Violence Cases and Overnight Holds
In Colorado, at least for domestic violence cases, you will have to spend the day in jail until you see a judge the next day. You can’t bond out the night of a domestic violence incident until you’ve seen a judge. The theory behind that is there’s a cooling-off period where everybody gets away from each other and can settle down.
It’s considered for the victim’s safety to have the person spend the night in jail. You don’t always have to see a judge before a bond is posted, except for cases held for no bond, such as murder or domestic violence cases with a mandatory protection order.
On a theft case with a bond, you don’t have to see a judge before you post it, but on a domestic violence case or a crime of violence, you may have to see a judge before release.
How Bond Amounts Are Determined
A judge will look at a schedule of bonds. Depending on the level of charge depends on what the recommended bond will be for that particular charge. A class two felony may have a $50,000 bond, while something like drunk driving may have a $1,000 bond.
The judge decides what your bond is going to be, and can stick with that schedule, make it a cash, property, or surety bond, or give a personal recognizance bond. What causes a judge to vary from that schedule most of the time is your criminal history.
What Happens While Waiting to See a Judge
While waiting overnight to see the judge in a domestic violence case, the booking people at the jail have run a criminal history to determine that person’s experience in the criminal justice system and put it into a report. There has been a threat assessment by the bonding people to determine the likelihood of that person appearing in court.
It’s given a grade, a scale that’s handed to the court the next morning, and the court can take a look at that to determine what bond is appropriate.
What Prosecutors Focus On
The prosecutor will see the case the day someone is in front of the judge, maybe a little earlier. What the prosecutor focuses on is criminal history, criminal history, criminal history, and how likely it is that this person is a danger to society if released on bond.
It’s not uncommon in domestic violence cases, sex assault cases, and crimes of violence that the prosecutor will ask for a significantly larger bond than the schedule, because in their mind this person’s a danger to society or a flight risk. The prosecutor very often will ask for bond modification, wanting a much higher bond than the schedule.
The 72-Hour Rule
Once you’re arrested, you have to be put in front of a judge within 72 hours to be advised of what you’re being charged with, or released from custody. If you are jailed, they have 72 hours to advise you why you’re being held.
It’s a Supreme Court case called Riverside versus California, which says they have 72 hours to advise you of why you’re being held and to determine whether there’s been probable cause to hold you.
