An arrest is one of the most distressing moments a person or their family can go through. Amid the fear, it is easy to make mistakes that end up weighing on the entire process. The good news is that Colombian law establishes clear rules and rights that protect you from the very first minute. Knowing them makes all the difference.
The 36 hours that change everything
Except in cases of flagrancia (caught in the act), no one may be deprived of liberty without a written order from a competent judicial authority. And whatever the reason for the arrest, every person must be brought before a juez de control de garantías (pre-trial supervision judge) within the following 36 hours.
At that hearing the judge reviews whether the arrest was lawful, the Prosecutor's Office may formally bring charges, and a decision is made on whether a precautionary measure applies (which may or may not involve detention). In other words: much of what comes next is decided in those first hours. That is why a technical defense must be activated immediately — not "later."
Much of what comes next is decided in those first hours.
Your rights from the moment of arrest
- To know, clearly, the reason for the arrest and the authority ordering it.
- To remain silent. You are not required to testify against yourself or your close family members.
- To appoint a lawyer you trust and meet with them in private. If you do not have one, the State must provide a public defender.
- To contact a family member or trusted person to report your situation and whereabouts.
- Not to be subjected to degrading treatment or questioned without your defense counsel present.
What to do
- Ask for a lawyer immediately and do not answer substantive questions until they arrive.
- The family should locate where the person is being held (police station, URI — the Prosecutor's Office immediate response unit — or prosecutor's office) and identify the authority that carried out the arrest.
- Write everything down: time, place, names and agency of those involved. Those details can be decisive in challenging the lawfulness of the arrest.
- Stay calm and courteous. Respectful cooperation does not mean waiving your rights.
What NOT to do
- Do not give "explanations" or spontaneous statements without your lawyer, no matter how innocent you believe you are. Anything you say can be used against you.
- Do not sign documents you have not read or do not understand.
- Do not try to "fix" the situation with those who arrested you.
- Do not physically resist.
Why the first hours matter so much
Those first hearings determine whether the arrest stands, what offense you are charged with, and whether you will face the process at liberty or in detention. A defense present from the start can challenge the lawfulness of the arrest, contest the precautionary measure and protect your rights before it is too late.
