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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.