Miranda rights required to be read by Colorado police is a frequent evidence subject by callers to our office. It is a good question and tells me the caller is thinking. Whether in Denver, Arapahoe County, Jefferson County, Douglas County or Adams County, here is the scoop on this important U.S. Supreme Court case and related law: 1) if you are in custody AND 2) the police are interrogating you, the police must read you your "Miranda Rights", or what you say is not admissible against you.
The "In Custody Requirement"
This definition is important, and raises definitional issues which must be sorted out by the trial court in this evidence decision. You must be in custody for this law to apply. What does it mean to be in custody? In Lakewood, Aurora, Brighton and Lone Tree, it means you are not free to leave, and this restraint must not just be temporary. Courts allow people to be held for officer safety without implicating Miranda rights. While I would never agree this is a proper distinction under the Miranda case law, many judges do. So, as aggressive criminal defense attorneys working for your freedom on a sex case or a robbery case, we will draw the court's attention to case law which supports your facts and argue application of Miranda.
The "Interrogation" Requirement
Interrogation is the second component of the Miranda rule. "Interrogation" usually means the police are asking you questions and you are responding to those questions. If you volunteer information to the police and just start talking to them, it is completely admissible against you - even if you are in custody. So, don't volunteer information to the police. We always advise our clients to never give any statements to police, but those you volunteer are the most dangerous.
The Remedy for a Violation of the Miranda Rule
People call us and tell us the police did not read them their rights, so they want the case dismissed. This simply does not occur. The best case scenario for a violation of the Miranda rule is that what you said will not be admissible at your trial. This can be a huge development in your case. Many times, however, it is not that important because police have the same evidence you gave them from other sources.
Our Best Advice
The Best Advice I can give anyone is to make no statements to the police. They are not your friends and there is only one reason they want to talk to you: to gain evidence to use against you. They often do not care about what actually occurred and are only trying to gain information to use against you. Don't be fooled into thinking they are your knight in shining armor and will save you. They are your opponent. Your criminal defense lawyer is your only friend.
So, if you are contacted by police or arrested, be smart, exercise your right to remain silent, and call us at once, at 303-731-0719. Together, we can protect your future.