EPISODE · Apr 8, 2026 · 9 MIN
What Happens After You're Arrested | Boulder Criminal Defense Lawyer Podcast Ep. 2
from The Boulder Criminal Defense Attorney Podcast | McCabe Law · host mccabelaw
Most people believe that if police never read them their Miranda rights, anything they say cannot be used against them. That is one of the most dangerous legal myths out there, and in this episode, Janene McCabe breaks down exactly why that assumption can cost you your case before it even begins. Episode 2 covers what actually happens the moment you are arrested, from the investigatory stop to booking and processing, what your rights are at each stage, how to properly invoke your right to remain silent, what behaviors can unintentionally escalate a police interaction, and how criminal defense attorneys build a case strategy from day one. Janene also walks through how defense teams challenge evidence, what common pre-trial motions look like, and how the decision to negotiate or go to trial is made. Janene McCabe is a Boulder-based criminal defense attorney and courtroom litigator who has taken nearly 100 cases to trial across municipal, county, and district courts in Colorado. She breaks down the criminal justice system in plain language so that anyone facing charges or an investigation knows exactly what to do and what not to do. If you need legal help or want to learn more about how Janene McCabe can assist you, visit our practice areas page: https://www.mccabe-law.net/practice/ TIMESTAMPS 0:00 Intro 0:14 Welcome and episode overview 0:54 The Miranda rights myth you need to stop believing 1:28 What procedures are used during an arrest 2:08 What happens during booking and processing 2:42 What rights you have after being arrested 2:57 How to properly invoke your right to remain silent 3:07 What happens if you try to explain yourself to police 3:28 How to stay calm when being arrested 3:50 Behaviors that can unintentionally escalate a police interaction 4:25 What to focus on in the moment to protect yourself 4:53 How a defense attorney builds a case strategy 5:58 Criminal defense techniques attorneys actually use 6:40 Common pre-trial motions and why they matter 7:17 The most common criminal defense 7:41 How defense attorneys challenge the prosecution's evidence 8:19 The most common evidence problems in criminal cases 8:58 How the defense decides whether to negotiate or go to trial If you are facing criminal charges or think you may be under investigation, visit our practice areas page to learn how Janene McCabe can help: https://www.mccabe-law.net/practice/ Website: https://www.mccabe-law.net/ Connect with McCabe Law: Instagram: https://www.instagram.com/mccabelawfirm/ Facebook: https://www.facebook.com/janenemccabelaw/ TikTok: https://www.facebook.com/janenemccabelaw/ X: https://x.com/mccabelawfirm_ Pinterest: https://www.pinterest.com/mccabelawfirm/ YouTube: https://www.youtube.com/@mccabelawfirm #CriminalDefense #BoulderCriminalLawyer #KnowYourRights #MirandaRights #CriminalLaw #ArrestedNow #ColoradoLaw KEYWORDS what happens when you get arrested, Miranda rights myth, criminal defense attorney Boulder, how to invoke right to remain silent, booking and processing after arrest, criminal defense case strategy, challenging evidence in court, pre-trial motions Colorado, Boulder criminal lawyer podcast, Janene McCabe attorney If this episode helped you understand what to do if you are ever arrested, subscribe so you never miss an episode. Every week we break down the criminal justice process in plain language so you always know your rights. Subscribe now: https://www.youtube.com/@mccabelawfirm ABOUT THE SHOW The Boulder Criminal Defense Lawyer Podcast with Janene McCabe breaks down the criminal justice system in plain, honest language. Hosted by Elena Nicole, each episode covers the questions people have but rarely know where to ask, from what defense attorneys actually do to how cases are investigated, built, and fought in court.
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What this episode covers
Episode 2 covers what actually happens the moment you are arrested, from the investigatory stop to booking and processing, what your rights are at each stage, how to properly invoke your right to remain silent, what behaviors can unintentionally escalate a police interaction, and how criminal defense attorneys build a case strategy from day one. Janene also walks through how defense teams challenge evidence, what common pre-trial motions look like, and how the decision to negotiate or go to trial is made.
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What Happens After You're Arrested | Boulder Criminal Defense Lawyer Podcast Ep. 2
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