When confronted by police in Denver, Aurora, or Lakewood, our clients often wonder whether they have the right to remain silent and whether they can ask for an attorney to help. In general, you can choose to not speak to the police when they are confronting you and asking you questions about whether or not you have information for them. You are not entitled to a lawyer at your arrest.
In many crimes like Theft (C.R.S. 18-4-401), the cops will try to get you to speak with them prior to them charging you with a crime. This pretext conversation with law enforcement might take place in Arapahoe, Jefferson, or Broomfield County, and is designed to get information helpful to prosecute you. Police will ask questions to try and limit the defenses a criminal defense attorney will be able to use in Colorado Theft cases. It is extremely important for you to never give information to people, or the cops, about something you may or may not have done. Often times, police Detectives will use someone who may be your victim, girlfriend, or roommate to speak with you while the police listen in on the call.
The right to remain silent under Colorado law is a right which you have guaranteed to you by both the United States Constitution and the Colorado Constitution in Larimer, Weld, and El Paso County. This privilege of being quiet when being interrogated by the police affords you the ability to not incriminate yourself. When a police officer approaches you and tries to ask you questions about a Criminal Mischief (C.R.S. 18-4-501), Assault (C.R.S. 18-4-103) or an Unlawful Sexual Contact (C.R.S. 18-3-404), tell the cop that you wish to speak with an attorney in Denver before talking to them.
The right to not speak with the police is not always at issue. For instance, if you are charged with a DUI (C.R.S. 42-4-1301) in Douglas, Adams, or Denver County, you do not have the right to speak with a criminal defense lawyer prior to being asked to submit to an Express Consent breath test. The Sheriff’s Office will be able to have you take a breath test or a blood test simply because you were arrested for Driving Under the Influence.
So if you are confronted by law enforcement about False Imprisonment (C.R.S. 18-3-303), False Reporting (18-8-111) or Harassment (C.R.S. 18-9-111) and you want to speak with a lawyer about your criminal charges, be smart, exercise your right to remain silent, and call our experienced criminal defense lawyers today at 303-731-0719. Together, we can protect your future.