Colorado § 16-3-105 - Release by arresting authority.
Full text of Colorado Colorado Revised Statutes § 16-3-105 — Release by arresting authority., with citation guidance and answers to common questions.
§ 16-3-105. Release by arresting authority.
(1) When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if:
(a) The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complaint against the person arrested; or
(b) The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date.
(1.3) Notwithstanding subsection (1) of this section, if a person is solely suspected of a level 1 drug misdemeanor for possession of a controlled substance pursuant to section 18-18-403.5 (2)(c) or (2.5)(a)(II), or solely suspected of drug possession in violation of municipal law, and a colorimetric field drug test was used, the peace officer shall not arrest the person and shall instead release the person and issue a summons commanding the person's appearance at a later date.
(1.5) No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section.
(2) If the person is released in accordance with subsection (1)(b) or (1.3) of this section, the person shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.
Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-105. L. 94: (1.5) added, p. 2034, § 12, effective July 1. L. 2026: (1.3) added and (2) amended, (HB 26-1020), ch. 12, p. 55, § 4, effective March 26.
Editor's note: Section 6 of chapter 12 (HB 26-1020), Session Laws of Colorado 2026, provides that the act changing this section applies to offenses committed on or after March 26, 2026.
ANNOTATION
The statutes and procedural rules do not require that person charged with a misdemeanor be given a copy of the complaint prior to being released on bail. Weld County Court v. Richards, 812 P.2d 650 (Colo. 1991).
Applied in People v. Rothe, 43 Colo. App. 274, 606 P.2d 79 (1979).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-3-105
What does Colorado Revised Statutes § 16-3-105 cover?
Section 16-3-105 ("Release by arresting authority.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-3-105?
A common citation format is "Colorado Revised Statutes § 16-3-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-3-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.