Mandatory Arrests and Criminal Charges by Fort Collins Police Officer
Are Police Required to Arrest You?

Click here to read about the four reasons why a police officer may choose to arrest and charge you with a crime.

While there are a few exceptions to the rule, most often Fort Collins Police and Larimer County Sheriff are able to decide whether or not to arrest and charge you. This means that the interaction you have with law enforcement can greatly influence whether you end up in handcuffs in the back of a police car. Let’s look at some important factors that influence whether a police officer chooses to arrest you.

Four Reasons Why a Police Officer May Choose to Arrest You in Larimer CountY

  1. You are being accused of a crime that requires a mandatory arrest or an arrest warrant has already been entered;
  2. The victim is pushing for an arrest and criminal charges;
  3. The officer’s status in his or her shift;
  4. Your behavior in dealing with the police.

Here’s a closer look at each of these four reasons why you may be arrested:

1. You Are Being Accused of a Crime That Requires a Mandatory Arrest or an Arrest Warrant Has Been Entered

Sometimes, the judgment is taken right out of the hands of the officers. If a person is accused of a Domestic Violence crime (meaning the alleged victim is someone with whom you have been in an intimate relationship with), then state law requires an arrest. This is so you can appear in front of a judge in order for a mandatory protection order to be entered. It doesn’t matter if the accusation is a violent offense or not – DV means an automatic arrest. Also, if someone has been investigated, the case is presented to a judge and the judge finds probable cause, an arrest warrant will be issued. If you are contacted by law enforcement and there is an active arrest warrant, then you will end up in handcuffs.

2. The Victim is Pushing for an Arrest and Criminal Charges

Often times, whether appropriate or not, when a victim is loud and playing up their issue, Fort Collins and Loveland Police will fall prey to their act and do what they want. They never want to seem sympathetic to the accused. On the other hand, if the victim is being cool about it and not pushing for an arrest, officers feel like they are safe in not arresting you and may just issue a summons or not charge at all depending on the situation.

3. The Officer’s Status in His or Her Shift

Police officers are human and as humans, there are outside factors that affect how we do our jobs. If an officer is at the end of their shift, it’s more likely that they won’t want to deal with all the paperwork and procedures that go along with arresting you, because it may mean that they can’t leave on time. If you don’t act up and make them especially angry and you aren’t being accused of something that requires an arrest, you may be in luck. 

4. Your Behavior in Dealing with Police Officer

This is maybe the most important factor in determining whether you are arrested or not. Honestly, it’s because it’s the only factor that YOU have control over. The way you interact with the officers can have a real affect on the outcome. If you are rude and disrespectful, then they are more likely to ruin your day. You also want to make sure that you come off as non-threatening. If officers think you are any kind of a risk, they will arrest you just to protect themselves and their careers. 


If you or someone you love has been arrested and charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future. 

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