Facing an arrest warrant is a very big deal. In Colorado, arrest warrants authorize law enforcement to take a person into custody based on probable cause supported by sworn information. A judge or magistrate must issue the warrant. Once issued, a warrant remains active until resolved through arrest, surrender, or other court action. Never ignore an arrest warrant. Here, our defense lawyer, Brent Martin, explains the key things to know about arrest warrants in Colorado.
What is an Arrest Warrant?
An arrest warrant is a court order authorizing law enforcement to take a specific person into custody. In Colorado, a warrant can be issued only after a judge or magistrate finds probable cause based on sworn testimony or a written affidavit (CO Rev Stat § 16-3-108). Along with other things, the warrant must identify the accused with particularity and state the offense alleged. It directs officers to arrest the individual and bring them before the court without unnecessary delay. To be clear, an arrest warrant differs from a summons. A summons only orders a person to appear in court without immediate custody. An arrest warrant can lead to immediate detainment by police.
How Arrest Warrants are Issued in Colorado
Probable cause is the key element for arrest laws in Colorado. Courts issue arrest warrants only after a judicial officer finds probable cause. Broadly defined, probable cause is a reasonable belief, supported by evidence, that a crime has been committed by the named person. Probable cause must be supported by sworn testimony or a written affidavit submitted by law enforcement or a prosecutor. The affidavit must set out specific facts establishing that a crime occurred and that the named person committed it. To be clear, mere suspicion or conclusory statements do not suffice to establish probable cause. Notably, arrest warrants in Colorado arise in several contexts, including;
- A court may issue a warrant following the filing of a criminal complaint or information
- A warrant may also issue if a defendant fails to appear for a required court hearing or violates a condition of bond
- A court may issue a warrant based on an alleged violation of probation terms, even if no new criminal charge has been filed
With arrest warrants in Colorado, the details always matter. The warrant itself must identify the person to be arrested with reasonable certainty. It must specify the alleged offense and direct law enforcement to take the individual into custody. Some warrants authorize booking into jail. Others require presentation before a judge without unnecessary delay. Colorado law requires execution of the warrant in a manner consistent with constitutional protections.
The Different Categories of Arrest Warrants in Colorado
Criminal Arrest Warrant
A criminal arrest warrant is typically issued after prosecutors file a complaint or information supported by probable cause. These warrants authorize immediate arrest and booking on the charged offense. They can be issued for both misdemeanor and felony offenses in Colorado. As a general rule, police tend to be more proactive in executing arrest warrants for felony offenses.
Bench Warrant
A bench warrant is issued directly from the court. Although it can be issued in several circumstances, the most common reason is that a person failed to appear for a required hearing. To be clear, bench warrants do not require new criminal conduct. Instead, they arise from noncompliance with the court’s authority. Courts frequently issue bench warrants in traffic, misdemeanor, and municipal cases, but they also apply in felony matters.
Probation Violation
The violation of probation can lead to an immediate arrest in Colorado. A probation violation warrant is issued when a court finds probable cause that a probationer violated a condition of supervision. The violation may involve new criminal conduct or a technical breach, such as missed reporting or failed testing. Arrest under a probation warrant typically leads to detention. What happens from there depends, in large part, on the allegations.
Once issued, Colorado arrest warrants remain active until the court formally quashes them or the defendant resolves the matter through arrest or voluntary surrender. Warrants do not expire. In other words, an arrest warrant will not fix itself on its own.
An Arrest Warrant Gives Police More Authority, but it Does Not Eliminate Your Rights
An arrest warrant significantly expands police authority. With that being said, it does not eliminate constitutional limits. In Colorado, law enforcement may arrest the named person in public based solely on the warrant. They do not need to prove anything else. The warrant is, by definition, sufficient for an arrest. Further, officers may also lawfully enter the defendant’s residence to execute the warrant if they have reason to believe the person is inside. However, any entry into a third party’s residence generally requires a separate search warrant or valid consent. The execution of an arrest warrant may occur during routine encounters, traffic stops, or targeted operations. Once officers confirm the existence of an active warrant, they may take the person into custody.
How The Martin Law Firm Can Help You Deal With an Arrest Warrant
If you or your loved one has an arrest warrant out in Montrose County, it is imperative that you take immediate action. Ignoring an arrest warrant is one of the biggest mistakes that you can make. It is not going to go away on its own. At The Martin Law Firm, we are a boutique criminal defense firm that provides personalized, solutions-focused representation. We encourage you to hear what our clients have to say and to reach out to us directly with questions about arrest warrants.
Contact Our Defense Lawyer Today
At The Martin Law Firm, our Colorado criminal defense attorney has the professional expertise that you can trust. With extensive experience handling arrest warrants, our firm puts clients first. If you have any questions or concerns about an arrest warrant in Colorado, we are here to help. Contact us today to set up a completely confidential initial consultation. From our Montrose law office, we serve communities throughout the broader region.