An Arrest After Probable Cause: Can You Challenge the Charges in Colorado?

No matter the reason, an arrest can be an exhausting, humiliating and overwhelming experience that can leave you feeling lost, uncertain, and unsure of your next steps. 

The legal process can be complex, and the consequences of an arrest—whether justified or not—can impact your personal and professional life. 

However, it’s important to remember that being arrested does not mean you are going to be convicted.

You have the right to defend yourself, challenge the charges, and ensure that your legal rights are upheld.

KEY TAKEAWAYS: 

• If you have been arrested, it’s important to remember that you have rights, regardless of the charges.
• Probable cause is the legal standard that allows law enforcement to make an arrest – but it must be warranted.
• It’s important you do your research and find a skilled attorney that can help you navigate the complexities of the legal system.

After an arrest, you may feel powerless against the legal system, wondering whether you have any options to fight the charges. 

However, in Colorado, just because an officer had probable cause for an arrest does not mean your case is hopeless. 

If you or a loved one is facing charges after an arrest in Colorado, it’s crucial to understand your rights and explore potential legal challenges. Let’s take a deeper dive into how probable cause works, how it impacts your case, and the defense strategies that could help you fight the charges.

What is Probable Cause in Colorado?

Probable cause is the legal standard that allows law enforcement officers to make an arrest, obtain a search warrant, or conduct certain actions in a criminal case. 

In Colorado, probable cause means that the officer had reasonable grounds to believe that a crime was committed and that the suspect was involved.

This belief must be based on facts and circumstances, not just a small hunch or suspicion. 

Here are some common examples of how probable cause may lead to an arrest include:

• Physical Evidence – Officers find weapons, drugs, or other incriminating items on a person.
• Witness Testimonies – A witness reports seeing the suspect commit a crime.
• Observations by Law Enforcement – Officers personally witness illegal activity.

While probable cause is a critical component of the justice system, it is not always a guarantee that an arrest was lawful or justified. 

The way probable cause is determined can be challenged, and doing so may be the key to getting charges reduced or dismissed altogether.

Can You Challenge Probable Cause in Court?

If probable cause was weak, flawed, or improperly established, you may be able to challenge the arrest and the subsequent charges.

 Here are several ways to dispute probable cause in Colorado courts:

• Lack of Evidence at the Time of Arrest: Probable cause must be based on existing evidence at the time of the arrest, not assumptions or post-arrest findings. If police acted on weak evidence or vague reasoning, the charges may be challenged.
• Unlawful Search & Seizure: If evidence used to justify an arrest was obtained through an illegal search, it may be inadmissible in court. The Fourth Amendment protects citizens from unlawful searches and seizures, and violations of these rights can lead to case dismissal.
• False Statements or Mistaken Identity: Law enforcement officers rely on witness statements when building probable cause. However, if witnesses were mistaken, misleading, or provided false testimony, the probable cause for an arrest could be invalid.
• Improper Police Conduct: If an officer pressured or intimidated a suspect into confessing or fabricated probable cause to justify an arrest, this misconduct could lead to a legal challenge.
• Violation of Constitutional Rights: Every person has constitutional rights that must be upheld during an arrest. If police obtained an involuntary statement, conducted an unlawful detention, or acted in violation of due process, the probable cause for your arrest may not hold up in court.

Successfully disputing probable cause could lead to charges being dropped or reduced, particularly if key evidence is excluded from the case.

How a Criminal Defense Attorney Can Help

Fighting criminal charges requires a strong, well-planned defense strategy, and having an experienced attorney by your side can make a significant difference. 

A skilled Colorado defense lawyer can:

• Investigate the circumstances of your arrest to identify any violations of your rights.
• Challenge the validity of probable cause used to justify the charges against you.
• File motions to suppress illegally obtained evidence to weaken the prosecution’s case.
• Negotiate for reduced charges or dismissals based on legal violations.
• Represent you in court and ensure your rights are protected throughout the process.

The sooner you consult an attorney, the better your chances of securing a favorable outcome.

Geigle | Morales: The Law Firm in Colorado Who Cares About Your Rights

If you’ve been arrested in Colorado and believe probable cause was weak, flawed, or improperly established, you may have options to fight your charges. The legal system can be complex, but you don’t have to navigate it alone.

At Geigle | Morales, we are dedicated to protecting your rights and building a strong defense strategy that works in your favor. If you’re facing criminal charges, don’t wait—contact our office today for a free consultation.

Your future is worth fighting for—let us help you take the first step toward protecting it!