Crime

January 1, 2026– by Boulder channel 1 News To legally arrest and jail Donald Trump (or any individual) in Colorado without bail, the process must follow established criminal procedure under Colorado law and the state constitution. Note that as of January 1, 2026, there are no active criminal charges, indictments, or arrest warrants against Trump in Colorado—his known legal issues are in other jurisdictions (e.g., federal cases in D.C. and Florida, state cases in New York and Georgia). The Colorado Supreme Court’s 2023 ruling on ballot disqualification was a civil matter under the 14th Amendment, not criminal, and was overturned by the U.S. Supreme Court in 2024. Thus, no current basis exists for such an action against him in the state.
However, hypothetically, it could be possible if new circumstances arose that met strict legal thresholds. Here’s a high-level overview of how Colorado’s system works, based on the state constitution (Article II, Section 19, as amended) and statutes like CRS 16-4-101 et seq.:

1. Establish Probable Cause for Arrest
Law enforcement (e.g., local police, sheriff’s deputies, or state troopers) must have probable cause to believe a crime was committed and that Trump committed it. This could stem from evidence like witness statements, documents, or investigations.
Arrest could occur with a warrant (issued by a judge after reviewing an affidavit) or warrantless if it’s a felony observed in progress or exigent circumstances exist (CRS 16-3-102).
Without probable cause, any arrest would be unlawful and subject to challenge (e.g., via habeas corpus or suppression motions).

2. Charge with a Qualifying Offense Crimes against Humanity
The district attorney (DA) in the relevant Colorado county (e.g., Denver DA if the alleged crime occurred there) would file charges via complaint or indictment by a grand jury.
For bail to be deniable, the charge must fall under exceptions in the Colorado Constitution (Article II, Section 19):
Capital offenses (though Colorado abolished the death penalty in 2020, this still applies to severe crimes like first-degree murder where “proof is evident or presumption great”).
First-degree murder (per 2024’s Amendment I, which removed the automatic right to bail for such cases if proof is evident).
Crimes of violence (e.g., murder, felony sexual assault, class 1 felonies) where the court finds:
Proof evident or presumption great.
Public safety risk if released.
Likelihood of non-appearance.
Non-qualifying offenses (e.g., misdemeanors or lower felonies) generally entitle the accused to bail.

3. Hold a Bail Hearing and Deny Bail
After arrest, the accused must appear before a judge within 48-96 hours for an initial advisement and bail setting (CRS 16-4-102).
The DA can request bail denial at a hearing, presenting evidence to meet the constitutional thresholds (e.g., clear proof of guilt and danger).
If the judge agrees, bail is denied, and the person remains jailed pretrial. The trial must start within 90 days if bail is denied (to avoid indefinite detention).
Factors considered: Severity of the crime, criminal history, flight risk, and community ties. Appeals are possible to higher courts.

4. Additional Legal Considerations
As a former (and potentially sitting) president, federal protections like Secret Service details and DOJ policies against indicting a sitting president could complicate state actions, though states have independent authority over local crimes.
Any process must comply with due process under the U.S. Constitution (5th and 14th Amendments) to avoid dismissal or civil rights lawsuits.
If charges involve federal matters (e.g., election-related), they might be removed to federal court.
In summary, it’s only possible if Trump were charged with a bail-deniable offense in Colorado supported by strong evidence, following due process. Without that, it’s not legal or feasible. For real-time developments, consult official sources like the Colorado Judicial Branch or a licensed attorney.