if I was arrested for domestic violence and released pending an investigation for not enough probable cause what are my chances what can I do?

I sent a joking text message to my ex
and I was arrested for domestic
violence harassment but was released
immediately from the police station and
given a ride back home for not enough
PC probable cause?

Asked on February 25, 2016 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they didn't have enough evidence to detain you or keep you in jail, then you have a good shot at beating the charges because the standard for an arrest is lower than the standard for a conviction.  However, if they continue their investigation.... then things could change depending on what develops.  So... make sure that you protect yourself while this investigation is pending.  This includes avoiding any communication or contact with your ex.  If she trumped up a charge on you once, she'll do it again.  If officers want you to give a statement, make sure that you ask for an attorney to be present.  You don't want an officer lying or tricking you into making incriminating statements.  Contrary to popular belief, officers can lie to defendants in order to obtain confessions and those confessions have been upheld.  You have rights that give you protection as a defendant... use them all.


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