The criminal process can be complex and confusing. But it's important to understand your legal rights. Contact a Colorado criminal attorney in your area as soon as possible if you're suspected of a crime. A criminal defense attorney will explain your legal options and help you make the best decisions for your defense.

Police Stops

You may be stopped for questioning by the police. A stop isn't considered an arrest if you're briefly detained and not moved to a different location. To maintain your legal rights when stopped by the police:

• Remain calm and polite. Keep your hands in view and don't try to run away
• If you're stopped when driving, show your driver's license, vehicle registration and proof of insurance if the officer asks for them
• You have the right to remain silent. It's usually best to give your name, but tell the officer you're exercising your right to remain silent if you don't want to answer questions. Don't lie to the police
• Ask the officer why you were stopped and if you're under arrest
• You have the right to leave if you aren't under arrest. If you are placed under arrest, you have the right to an attorney. Tell the police you wish to remain silent until you speak with your attorney

Police Searches

The police might ask if they can search you or your car or home. You can refuse to give consent to these searches. Officers can frisk you or pat down your clothing if they have a reason to suspect you have a weapon. In most other cases, the police must get a warrant to go ahead with a search.

Search Warrants

A search warrant authorizes police to conduct a search of a specific place, such as your home or business. In order for a judge to issue a warrant, there must be probable cause. This requires evidence showing it's likely that items connected to criminal activity will be found in the place to be searched.

Warrantless Searches

The general rule is warrants are required for searches. But search warrants are not required for the following:

• Searches incident to arrest. Police officers are permitted to search your body and clothing for weapons or other contraband when making a valid arrest
• Automobile searches. If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments or trunks, for example), probable cause is needed
• Exigent circumstances. Searches may be conducted in emergency situations requiring immediate action, such as to avoid destruction of evidence
• Plain view. Police don't need a search warrant when they see an object in plain view of an officer who has the right to be in the position to have that view
• Consent. If you consent to a search of your body, your vehicle or your home, the police don't need a warrant. You aren't required to agree to any police searches

Arrest

The police must have probable cause to arrest you. This means the police officer must have a reasonable belief you committed a crime. If an officer sees you commit a crime or has another good reason to think you violated the law, an arrest warrant isn't needed.

After you're placed under arrest, you're protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything to the police or investigators until you have an attorney present. You must be given the chance to contact an attorney.

Booking

After you're arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and birth date. You'll also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.

Arraignment

Once criminal charges are filed, you'll make a court appearance called an arraignment. If you're held in jail, your arraignment will usually occur within 72 hours of your arrest. A person charged with a crime is called the defendant.

During your arraignment, you'll be asked to enter a plea to the crime charged against you. Possible pleas are:

• Guilty plea. If you plead guilty, you're admitting to the facts of the crime and the fact that you were the one who committed that crime
• Not guilty plea. A not guilty plea asserts that you did not commit the crime charged against you. After your plea, a pretrial or trial date is set
• Nolo contendere (no contest) plea. A no contest plea indicates that, while you're not admitting guilt, you don't dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits
• Not guilty by reason of insanity. If you plead not guilty by reason of insanity, you're claiming you were insane at the time the crime was committed. You may also plead "not guilty"

If you plead "guilty" or "no contest," there won't be a trial. You'll then be sentenced.

Related Resources on Lawyers.com^sm

- Contact a Colorado Criminal Law Attorney in your area for specific legal advice, and read about Selecting a Lawyer
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- Read Criminal Law: Procedure FAQ, Criminal Law: Arrest and Evidence FAQ, or access more Criminal Law articles and information
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