Getting arrested is one of the most stressful and frightening experiences a person can go through—especially if it’s your first time. Whether you’re facing charges for DUI, assault, drug possession, or another offense, it’s important to know what happens next so you can make informed decisions and protect your rights.
Understanding the criminal process in Denver can help reduce anxiety and prepare you for the road ahead. This guide breaks down what to expect after a criminal arrest in Denver and explains why hiring a skilled Denver criminal lawyer early in the process is one of the smartest moves you can make.
1. The Arrest and Booking Process
When you’re arrested in Denver, law enforcement officers will take you into custody. You’ll likely be transported to a local jail—such as the Denver Downtown Detention Center—where the booking process begins. This involves:
- Fingerprinting
- Mugshot/photo
- Confiscation of personal property
- Entry into the criminal database
- Possible medical screening
Depending on the seriousness of the offense and your prior record, you may be eligible for release on bond, on your own recognizance, or you may need to wait for a bond hearing.
2. Your Right to Remain Silent
From the moment you’re taken into custody, it’s critical to remember your rights—particularly your right to remain silent. Anything you say can be used against you in court, even casual or seemingly harmless statements.
You should not try to explain your side of the story to police or investigators without legal counsel present. Politely state that you wish to remain silent and request to speak with a Denver criminal lawyer immediately.
3. The First Court Appearance (Advisement Hearing)
After booking, your first court appearance (also known as an advisement hearing) typically takes place within 24 to 48 hours. During this hearing:
- The judge will formally inform you of the charges.
- You will be advised of your constitutional rights.
- Bail or bond conditions will be discussed and possibly set.
If you haven’t yet secured legal representation, the court may appoint a public defender temporarily. However, it’s best to retain your own defense attorney as soon as possible to start building your case effectively.
4. Filing of Formal Charges
The District Attorney’s office will review your case and decide whether to file formal charges. This typically happens shortly after your arrest. The charges could be the same as what you were arrested for—or they could be reduced, elevated, or even dismissed based on evidence and circumstances.
Your Denver criminal lawyer can communicate with the prosecutor during this time to advocate for reduced charges or argue for dismissal before things escalate.
5. Pre-Trial Proceedings
If charges are filed, the case enters the pre-trial phase. This stage involves several possible steps, including:
- Discovery– Exchange of evidence between the prosecution and defense.
- Motions– Your attorney may file motions to suppress evidence, dismiss charges, or request other rulings from the judge.
- Negotiations– Your lawyer may enter into plea negotiations with the prosecution to potentially resolve the case without trial.
Many cases are resolved at this stage through a plea agreement, which might involve reduced charges or alternative sentencing options like probation or diversion programs.
6. Trial (If Necessary)
If your case cannot be resolved through dismissal or a plea deal, it will go to trial—either before a judge (bench trial) or a jury. During the trial:
- Both sides will present evidence and call witnesses.
- Your lawyer will challenge the prosecution’s evidence and present your defense.
- A verdict will be rendered based on the facts and arguments presented.
If you’re found not guilty, you are free to go, and your record may be eligible for sealing. If you are convicted, the case moves to sentencing.
7. Sentencing
If convicted, the court will determine your punishment during the sentencing phase. Penalties can vary widely depending on:
- The severity of the offense (misdemeanor vs. felony)
- Your criminal history
- Whether anyone was harmed
- Aggravating or mitigating circumstances
Sentences can include fines, jail or prison time, probation, community service, and mandatory treatment programs.
8. Post-Conviction Options
Even after sentencing, you may have legal options such as:
- Appealing the conviction
- Requesting a sentence modification
- Applying for record sealing (if eligible)
Your Denver criminal lawyer can advise you on next steps and whether you qualify for any post-conviction relief.
Why You Need a Denver Criminal Lawyer on Your Side
Navigating the criminal justice system without a skilled attorney can be overwhelming and risky. A qualified Denver criminal lawyer will:
- Protect your rights from the moment of arrest
- Evaluate the evidence and build a strong defense
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court with skill and professionalism
- Guide you through every step of the legal process
The earlier you get a lawyer involved, the better your chances of a favorable outcome.
Final Thoughts
A criminal arrest in Denver is a serious matter, but it doesn’t have to define your future. Knowing what to expect—and taking immediate action to protect your rights—can make all the difference. With an experienced Denver criminal lawyer on your side, you’ll be better equipped to face the challenges ahead and pursue the best possible resolution.
