Item: Law Office of H. Michael Steinberg
Rating: 5
Author: Tanya Witt

The Colorado Criminal Justice System – What are my Rights?

Citizen’s Arrest – How Does It Work?

Man Hitting another man The citizen’s arrest is one of the least understood laws in every state in the United States. This article helps the reader to understand the law in Colorado underlying the right to a citizen’s arrest.

The Colorado Citizen’s Arrest

Under Colorado law a private citizen may arrest another person when the person arrested “commits or has committed a crime in the presence of the person making the arrest.” § 16-3-201, C.R.S.

The best analogy is to the police officer who in attempting or making an arrest “is justified in using reasonable and appropriate physical force,” § 18-1-707(1)(a), C.R.S.

Here is the law:

16-3-201. Arrest by a private person

A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.

Stated another way “ a private citizen may use “reasonable and appropriate physical force upon another .. . when and to the extent he reasonably believes it necessary to effect an arrest,” 18-1-707(7), C.R.S..

What Does “In The Presence” Really Mean?

The requirement that the crime occur in the presence of the arresting person is met if the arrestor observes acts which are in themselves sufficiently indicative of a crime in the course of commission. A private citizen may use “reasonable and appropriate physical force upon another . . . when and to the extent he reasonably believes it necessary to effect an arrest,” § 18-1-707(7), C.R.S. 2011.

Can a Private Citizen Assist a Police Officer in Making an Arrest?

To answer this question we turn to 16-3-202:

16-3-202. Assisting peace officer arrest furnishing information immunity

A peace officer making an arrest may command the assistance of any person who is in the vicinity.
A person commanded to assist a peace officer has the same authority to arrest as the officer who commands his assistance.
A person commanded to assist a peace officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or for any acts expressly directed by the officer.
Private citizens, acting in good faith, shall be immune from any civil liability for reporting to any police officer or law enforcement authority the commission or suspected commission of any crime or for giving other information to aid in the prevention of any crime.

Here Are Some of The Other Justifications For Using Force On Another

To look up these laws follow this LINK and plug in the statutory citation:

Justification and Exemptions from Criminal Responsibility In Colorado

Statutory citation Description of Law

18-1-701. Execution of public duty.
18-1-702. Choice of evils.
18-1-703. Use of physical force special relationships.
18-1-704. Use of physical force in defense of a person.
18-1-704.5. Use of deadly physical force against an intruder.
18-1-705. Use of physical force in defense of premises.
18-1-706. Use of physical force in defense of property.
18-1-707. Use of physical force in making an arrest or in preventing an escape.
18-1-708. Duress.
18-1-709. Entrapment.
18-1-710. Affirmative defenses

Colorado Criminal Lawyer Series Citizen’s Arrest How DOES It Work? 16-3-201

If you found any information I have provided on this web page article helpful please click my Plus+1 button below so that others may also find it.

42 Years of Experience About The Author: H. Michael Steinberg Email The Author at hmsteinberg@hotmail.com. A Denver Colorado Criminal Defense Lawyer or call his office at 303-627-7777 during business hours or call his cell if you cannot wait and need his immediate assistance 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article Colorado Criminal Lawyer Series Citizen’s Arrest How DOES It Work? 16-3-201, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 42 years of day to day courtroom experience specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg regularly appears and provides solid criminal defense for clients throughout the Front Range of Colorado including the courts of:

Adams County (Adams County criminal defense lawyer), Arapahoe County (Arapahoe County criminal defense lawyer), City and County of Boulder (Boulder County criminal defense lawyer), City and County of Broomfield (Broomfield County criminal defense lawyer), City and County of Denver (Denver criminal defense lawyer), Douglas County (Douglas County criminal defense lawyer), El Paso County Colorado Springs (Colorado Springs criminal defense lawyer), Gilpin County (Gilpin County criminal defense lawyer), Jefferson County (Jefferson County criminal defense lawyer), Larimer County, and Weld County ( Larimer and Weld County criminal defense lawyer and all the other cities and counties of Colorado along the I-25 Corridor on cases involving the subject of this article.

★★★★★

"Mr. Steinberg provided my family with expert handling of my son's case. He took extra time understand the case, to consult with us during the pretrial proceedings, and to support him for a plea agreement. Mr. Steinberg is very knowledge about the law and very professional. He guided us in achieving the best possible outcome for my son. If I am ever in need of law services again, I will certainly have Mr. Steinberg handle my case. l also highly recommend his services to anyone that might be in need of an excellent defense attorney!" Tanya Witt

"I found myself in criminal trouble, that I wasn't guilty of and thanks to Mr. Steinberg's dedication and hard work, right before we we're looking at having to continue on to trial level Mr. Steinberg was able to use his vast knowledge of the law and his many respected years in the system to find a way to show my innocence. After a very unsure and somewhat difficult time for me, this very skilled and knowledgeable attorney was able to find the right path to take to reach a dismissal in my case. For that I can't tell you how much I appreciate his representation and his excellent understanding and helpful personality. He's a great man and an even better attorney but don't misunderstand him, he is an attorney not a therapist. Thanks H." Josh

"Working with Michael Steinberg was a wonderful experience. Truly people need to know that he is a expert in what he does. His personality is compassionate, intellectual, and down to earth. I glean that Michael is fun to be around. In the time I worked with him, it was a pleasure to be around him. As for my case, the outcome was amazing and couldn’t be better. He has made my life more manageable because of the outcome of my case. I’ve worked with other lawyers in the Denver area. He is superior to them all. If you’re in need of a lawyer and you come across Mr. Steinberg look no further he’s going to be the one you need. Thank you again Michael." Renee Taylor

Mr. Steinberg, It has been an honor working with you. I very much appreciated your style, demeanor, patience, and determination. I was well instructed in every step of the court process, and I felt that I received excellent guidance and timely information regarding my case. You have been extremely thoughtful with your time, and I was very impressed with your sensitivity in responding to my requests. Thank you. Anonymous

Submit a Law Firm Client Review