Colorado Arrest Warrant
An arrest warrant, in Colorado, gives the arresting officer the authority to arrest you. This is on the grounds that they believe that you are committing a criminal offense. The officer can then go into your home, workplace, or other places that he/she believes you may be in order to execute the arrest warrant and take you into custody.
Once you’re arrested, you may then be allowed out on bail. This varies depending on the type and severity of crime that you’re accused of committing, along with a few other factors.
What is an Arrest Warrant in Colorado?A judge typically issues an arrest warrant and gives law enforcement agencies authorization to arrest or detain a specific individual suspected to be involved in criminal activity.
When police officers don’t have enough immediate probable cause to actually arrest an individual, they must seek permission from the court to make the arrest. This permission is the arrest warrant.
However, in order to obtain the arrest record from a judge, a few things must first happen. Frist, they must present the judge with enough probable cause to justify the judge issuing the arrest warrant. This will either be based off of the evidence presented by the law enforcement agency, district attorney, or in rare occasions, with a grand jury.
According to the United States and Colorado law, a warrant must be
issued by a non-biased judge, after being shown the probable cause
a valid description the defendant
issued without knowing of any falsification by law enforcement.
The arrest warrant must also include certain information in order to show validity. Including:
The defendant’s name
The alleged criminal offense
Time, date, and location of the warrant
The judge’s signature.
An arrest warrant, in Colorado, is actually similar to a bench warrant. The exception being that the judge issues a bench warrant specifically for violating what a judge has already issued. For more information, check out: How to Learn Whether or Not You Have a Colorado Criminal Record.
Why Do I Have a Warrant in Colorado?The reasons for having an arrest warrant out for you are listed above. Both the local law enforcement agencies and a judge believe you have committed a crime. One should note that probable cause is not necessarily rock-solid proof of a crime. This is similar to how an arrest warrant is not a conviction.
A police officer or District Attorney goes to a judge to ask for the legal authority to make an arrest. If accepted, the judge issues the arrest warrant. There doesn’t have to be an overwhelming amount of evidence for a judge to issue a warrant, either.
How Does Law Enforcement Execute a Warrant in Colorado?Law enforcement officers typically have a set standard by which they make their arrests. Thus, judges issue warrants to arrest a specific individual at a known location during a certain time of day. The way that the law enforcement agency goes about the arrest will depend on a variety of moving factors. The main factors include the type of crime and the suspect’s previous criminal history.
After the judge issues the arrest warrant, any further activity involving the police department, will more than likely result in an arrest. This holds true even if the communication wasn’t against you, necessarily. So, if you are involved in a car accident and have to call the police, you’re arrested. Or if you had your house burglarized, once the police department finds out about your outstanding warrant, you’re arrested. It is their job to place you under arrest and take you to jail.
For more serious felonies, the police may take a different approach to make the arrest. This could include showing up to your house in the middle of the night, or forcing an entry if you choose not to open the door and they have reason to believe you are inside.
What if I Have a Colorado Arrest Warrant and am in a Different State?Simply because a judge from Colorado issued your warrant, doesn’t mean you can’t be arrested in another state. On the flip side, just because you have an arrest warrant in a different state, that doesn’t mean you can’t be arrested in Colorado.
When a law enforcement agency issues a warrant for your arrest, no matter how small the crime may seem, it goes into a national database. Therefore, most police officers in every state will know if you have a warrant out for your arrest just by running your name, regardless of the state.
How Do I Get Rid of an Arrest Warrant?If you want to completely clear your warrant, you ultimately have a few options. If you think you may need a criminal lawyer, give us a call and we will let you know. For the first option, you can turn yourself in to the law enforcement agency. They may then place you under arrest, and then you could spend a few nights in jail. After this, you could go before a judge to have your bail set, if this is an available option. Once you post your bond, you’ll be released and given a future court date.
In a few cases, your attorney can appear in court on your behalf. We have a full post dedicated to finding the right lawyer for you. This may help you avoid spending the night or a few nites in jail, while still allowing you to take care of your active warrant. However, for most felony charges, you will have to appear in person.