Can Charges Be Filed Without an Arrest in Colorado?

In this article, you can discover…

• Whether criminal charges can be filed without an arrest taking place.
• How you might learn that charges have been filed against you.
• Steps to take after you learn that criminal charges have been filed, and how an attorney can help.

Is It Possible For Criminal Charges To Be Filed Without An Arrest Taking Place First?

Yes, it is possible for criminal charges to be filed without an arrest first taking place. This is especially common in federal cases with multiple defendants. For example, in a federal drug-related case with 20 defendants, once one suspect is arrested, the others will likely learn of this, realize they are going to be arrested next, and run.

In such cases, an indictment is first filed, and then federal agents will be sent out to arrest all 20 suspects at once. This ensures that everyone is being surveilled and arrested at the same time, so that no one has the opportunity to flee.

Are Cases Filed Without An Arrest Generally Less Serious Than Those Involving An Immediate Arrest?

Oftentimes, that is the case. When there is an immediate arrest made on a case, this can indicate that the suspect is a flight risk or that they are a danger to the community. In cases where a suspect is given a summons to court, this often indicates that they are facing less serious charges and a shorter sentence should they be found guilty.

How Will I Learn That Charges Have Been Filed Against Me?

Usually, when charges are filed against you, law enforcement will arrest you on those charges, and that’s how you will find out.

In other cases, you may be attempting to travel by air and discover there is a warrant out for your arrest. This can also happen during a traffic stop when the police run your information through their system and find out that you have a warrant against you. When this happens, the police will then arrest you and take you into custody.

Attorney Nancy Kardon is a committed, tireless criminal defense attorney serving California and Colorado. Since 1991, she’s helped clients just like you protect their legal rights and futures at every step, from arrest through courtroom representation.

Have questions, or in need of legal guidance? Reach out to Kardon Law for an initial consultation today.

What Steps Should I Take Immediately After Discovering Charges Have Been Filed?

Without a doubt, the first step you need to take is to call a criminal defense attorney. Your attorney should then contact law enforcement or contact the prosecutor to let them know that you are aware of the charges and want to surrender. This means that you will go to the police station, give your fingerprints, give your identification, and receive a court date.

The reason you want to do this is twofold. For one, this prevents you from being arrested at work or on the road. Next, being arrested can cause you to be taken into custody in another county or even another state, and the transfer will take time. Even if you’re arrested locally on a Friday and the courts don’t open until Monday, you’ll have to spend the weekend in jail.

Arranging your surrender with the help of your attorney will help ensure you’re in custody for the shortest time possible and will prevent an embarrassing or upsetting public arrest.

What Legal Rights Do I Have At This Stage Of A Criminal Case?

The most important right you have when you’ve been arrested, in particular, is your Fifth Amendment right not to incriminate yourself. Protecting that right is why Miranda warnings are given, and these warnings must be given to you by law enforcement when you are in custody and are being interrogated.

When you’re under arrest, you are legally considered to be in custody, and law enforcement cannot ask you questions without telling you that you have the right to an attorney and that you have the right to remain silent.

If you start voluntarily speaking to law enforcement, then you are voluntarily waiving your right against self-incrimination, and anything you then say can be used against you.

In order to assert your Fifth Amendment rights, you must say two things;

1. I want an attorney.
2. I don’t want to answer any questions without an attorney.

Then, reach out to an experienced criminal defense attorney, and do not answer any further questions without your attorney being present.

What Will Attorney Nancy Kardon Do To Help Resolve My Case And Prevent Or Limit Jail Time?

When I represent you as your criminal defense lawyer, I will first determine if the government has the evidence to prove your guilt beyond a reasonable doubt. Second, I will seek to truly understand the background of your case. What other situations are happening in your life? Are you struggling with drug or alcohol addiction? Are there mental health issues that need to be addressed? What other relevant issues might be at play in your case?

I will look at your case not based simply on charges, but on who you are and what you’re dealing with behind the scenes. My professional background helps me understand exactly what the prosecution sees and how they will see you, and I will leverage that experience to help you, advocate for you, and get you the best results possible during negotiations and in front of a jury.

Still Have Questions? Ready To Get Started?

For more information on charges without an arrest in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 708-1044 today.