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Photo Of Kyle B. Sawyer

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

Plea Bargaining – Denver Criminal Defense Lawyer – Cost vs. Benefit of Admitting Criminal Conduct

On Behalf of | Dec 21, 2015 | Plea Bargain |

I often have men and women call me and tell me they admitted committing a crime to police because they wanted to be honest and do the right thing. While we all admire honest people, are they being smart when they “come clean” and admit they committed a crime? It hurts their opportunity to Plea Bargain. The only advantage I can see is that a defense attorney will be able to tell a judge that their client cooperated with law enforcement. In my opinion, this is a small advantage compared at a high price. Much more is lost in Plea Bargaining, as described below. Here are four important reasons to remain silent.

A Jefferson County Criminal Defense Lawyer’s Reason #1 for Silence When Facing Accusations of a Crime

Plea Bargaining power in criminal cases for Theft or Assault is an important consideration when deciding whether to talk with police. Police officers and District Attorneys are real people motivated by the same things as everyone else. If they have a hard case to prove (because someone has exercised their Fifth Amendment right to remain silent), they are much more willing to plea bargain. If they have an easy case after someone has confessed, they are less likely to plea bargain. Quiet defendants in criminal cases can negotiate more effectively.

An Arapahoe County Criminal Defense Attorney’s #2 Reason for Silence

The victim in most cases does not report every aspect of their Robbery or Extortion crime. When the accused speaks to police, officers become aware of more facts and circumstances to charge the accused more harshly. Being quiet guarantees many harmful facts of the case will never be revealed. This is good in the event a case goes to trial and the government must decide which issues to move forward on. It also helps in Plea Bargaining. Sometimes victims forget many things.

Reason #3 for Silence – the Adams County District Attorney May Refuse to Make Any Plea Bargain Offer

If a confession exists, some District Attorneys in Adams County take the position that you should plead guilty to all charges and they will not plea bargain. In these cases, a criminal defense attorney will need to take your case to trial. As a result, you will have a much better chance of winning if you have not spoken with police. When you speak to them, cops dig until they get a ton of harmful information to use at trial against you. They are not your friend. Why not use information you have as leverage to get a better plea deal. No one says you can’t still be honest later – just let that honesty pay for your well-being and not be an excuse to crucify you.

A Criminal Defendant’s Reason #4 to Remain Silent to Police in Douglas County

Statements to Police will never be used to help you. In Douglas County criminal investigations, police record and write down harmful information and quote defendants out of context. Some officers actually lie about what you told them. So, never speak to them. Any statements will be given to the DA or a judge and used to make your sentence more harsh. Imagine your lawyer arranging for a 2 year prison sentence through a plea bargain vs. you getting a 10 year sentence for “being honest”. This regularly occurs. You can still be honest at the right time and in the right circumstances. Making this decision on your own will lead to devastating consequences. Always use the help of a criminal defense attorney or public defender.

Police Cannot Plea Bargain – But Will Say They Can

An experienced criminal defense attorney has plea bargained hundreds of cases with the district attorney. Police can’t be held to plea bargain promises since they don’t have the authority to plea bargain. They will lie to you and promise an unenforceable promise. Rely on the experience of someone who helps the accused for a living. Defense lawyers know the law, the government and the right time to admit facts. Never go it alone. Never speak with police.

If you have been accused of committing a crime, exercise your constitutional right to remain silent and call our defense attorneys at 303-731-0719. Together, we can protect your future.