Charged With A Crime? It Doesn’t Mean You’re Guilty.

Right to Remain Silent – Use It

| Apr 17, 2012 | Right to Remain Silent |

Denver Miranda Rights and Criminal Defense Attorney

Remain silent! The use of this right to remain silent (5th Amendment) is one of the many lessons Cindy Sanchez is preaching to people charged with Sexual Assault on a Child in Douglas County, Colorado. In a recent front page article in the Denver Post (April 16, 2012), is a description of the nightmare the Sanchez family has been going through in Douglas County since July 2009. After almost three years trapped in the legal system, and spending $200,000 fighting legal battles, all charges against Tyler Sanchez have been dropped. Tyler Sanchez did not have the mental capacity to make a confession to the alleged crime of sexual assault on a child, but because he was willing to talk to police, sometime during their interrogation, he confessed to a crime he did not commit.

You Should Never Speak with Police in Jefferson County

If police want to question you for sexual assault, theft, DUI, or any crime in Denver, Jefferson, Arapahoe, Adams or Weld County, you should follow Cindy Sanchez’s advice. “Do not open your mouth.” One of the many tactics police interrogators will use to get you to talk is to say, “if you did nothing wrong, you have nothing to hide.” The problem is that police usually already have their minds made up and are only looking for statements to use against you at trial. Government investigators stop looking for the correct perpetrator and forget that nothing may have happened. When you talk, police will only note the things that are harmful to you.

A Perfect Arapahoe County Example: A Criminal Defense Lawyer’s Advice

Case in point: Last month, we won a sexual assault on a child case in Arapahoe County (the same judicial district as the Sanchez case above), where a young man was accused of touching a child in a public place. There were no witnesses (plenty of people were around) and only the word of the child. Once police believed the child, nothing was done to talk to witnesses, take photographs, seize clothing for DNA analysis, or save video. Our client spoke with police and admitted nothing. Yet, he was criticized by police for not denying the crime strong enough. During trial, we were prohibited from showing the video taped conversations our client had with the Aurora Police Detectives because they were helpful to our client’s case. As shocking as it may seem, things you say to the police which are favorable to you, will be excluded as evidence in court. The detective’s abusive efforts to trick our client into confessing were excluded from the trial because they would be detrimental to the government’s case.

Criminal law is not a level playing field. So, if you or someone you care about is being accused of a crime like sexual assault on a child, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.