| If You Are Arrested
"While yet unspoken, you are master of the word. After it is spoken, the word is master of you."
This old proverb is so true in the area of criminal law. If you have been charged with a crime or are being investigated, please do not speak to anyone about it except an experienced criminal defense attorney.
Citizens in the United States are arrested in one of two ways: Either the police have a warrant, or they make a warrantless arrest (when they see a crime being committed and don't have time to get a warrant). Either way, the arresting officer will place you in handcuffs and transport you to the local detention center, where you will be booked.
Two very important things to remember at this stage: Be polite and cooperative, and say as little as possible.
Any sort of resistance or impoliteness on your part will only worsen your situation. Resign yourself to an uncomfortable period and go with the flow. If you are polite to the officer, he or she will be polite to you.
Say as little as possible (name, rank, and serial number). Anything you say can and will be used against you. Especially, do not use a false name. This will only result in a new charge against you.
Officers often want to get information from you - about what you've been doing, who your friends are, and so on. Please don't respond to this, except by saying that you want to speak to an attorney.
Incredibly, in our system of criminal law, officers are allowed to lie to you at this stage. So, don't believe what they are telling you, but insist on speaking to an attorney first.
You will be brought before a Judge or Magistrate for a bond hearing (unless the offense is minor enough that bond was set by the detention officers). In Larimer County, this hearing is through a video hook-up. At the hearing, the important issue is whether bond should be set at all (which happens in all but the most serious cases) and in what amount. You want the amount to be as low as possible.
Factors the Magistrate will consider are: seriousness of the charge; any prior criminal history; and ties to the community. There isn't anything you can do about the first two, so concentrate on the latter.
If you can contact an attorney prior to the bond hearing, your attorney can be present at the hearing, and assist in keeping the bond low. For example, the Magistrate may be convinced to set a co-signed personal recognizance bond, where a family member (or close friend) signs for the bond.
Once bond is set, you can post it (maybe by paying a bondsman). Then you will be given a new court date. Whatever happens, you must appear in court at that time and place.
If you don't have an attorney at that time, don't worry. Not much will happen, except you will be advised of the charges against you, and then given a new court date.
If you haven't already done so, contact Bradley then.
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