Miranda Rights

Miranda Rights: When Denver Police Must Read You Your Rights

Miranda rights read by Denver Police is a frequent subject by callers to our office. This is a good question which lets me know the caller is thinking. Whether in Denver or Arapahoe County, here is the straight scoop on Miranda Rights advisement. Miranda is the name of a very important U.S. Supreme Court case from 1966 called Miranda v. Arizona. The case held that: 1) if you are in custody and 2) the police are interrogating you, they must read you your "Miranda Rights". If they don't, then what you say is inadmissible against you at your trial.

Miranda Rights Have Two Requirements - #1 is the Douglas County Court "In Custody" Requirement

Your rights are important, so read this part carefully. For your Castle Rock Miranda Rights, you must be in custody for this law to apply. Consider what it means to be in custody? In Douglas County, Colorado, it means you are not free to leave. If police detain you just for a short moment, Miranda may not apply. Courts allow people to be held temporarily for officer safety without involving Miranda rights. Judges fully support this rule, while I think it is ridiculous. As an aggressive defense lawyer, I argue to judges that the character of your custody is very important - not just the time period of your custody. Our attorneys work for your freedom on sex cases, robbery cases and simple Highlands Ranch domestic violence cases. We draw the court's attention to case law which supports your facts and argue for full application of the Miranda Supreme Court holding.

The "Interrogation" Requirement is #2 for Your Miranda Rights in Jefferson County, Colorado

Interrogation is the second component of the Miranda rule in Jefferson County Courts. "Interrogation" generally means that police are asking you questions, and seeking your response. When you volunteer information to the police, you are not responding to questions. So, you are not being interrogated. Therefore, everything you say is completely admissible against you - even when you are locked up in custody. So, don't ever volunteer information to Lakewood or Arvada Police. We advise our clients to never make any statements to police. In particular, those you volunteer are the most dangerous.

Fixing an Arapahoe County and Aurora Violation of the Miranda Rule

Many times each week, people call and tell us the police in Arapahoe County did not read them their rights, so they think their case should be dismissed. This does not occur, because in Aurora, Miranda only deals with evidence admissibility - not dismissal of criminal cases. The best case result for a violation of the Miranda rule, is that what you said to a Littleton Police Officer will not be admissible at your trial. This can be a huge development in your case, particularly if you admitted to the crime (confessed). Many times though, a Miranda exclusionary rule win does not impact the case very much. Police may have the same evidence from another source and you will still be prosecuted based on that information.

Miranda Rule Advisement from a Criminal Defense Lawyer in Denver? Remain Silent

Our best advice concerning Miranda rules is to never make a statement to police. They are not your friend, and are always looking for ways to get a stronger case against you. They rarely care about what actually occurred, and are only talking to you so they can get more information to use against you in court. Don't be fooled. They want to talk to you, or your child, so they can build a stronger case for the District Attorney lawyer to have at your trial. Police are your opponent. Your criminal defense lawyer is your only friend.

So, if you are arrested or contacted by police, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.

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