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Police Did Not Read My Rights Before Arrest – Denver Lawyer on Miranda Rights

| Dec 20, 2017 | Arrest |

After Arrest, Police Did Not Read Me My Rights in Arapahoe County, Colorado

Whether Arapahoe County and Aurora Police read you your rights after an arrest or not, can affect your trial defense. Usually it does not. While this sounds radical, let me quickly explain the rules on when Denver cops are required to read you your rights. What are Your Miranda Rights in Colorado?

Rules on Police Reading You Your Rights for Jefferson County, Colorado, Arrests

The rule on whether police must read your rights to you after a Lakewood and Jefferson County, Co, arrest is not that complex: It is only needed if two tests are met: 1) You must be in custody (under arrest), and 2) police must be questioning you. Otherwise, the rule does not apply. Now here is the important part: what happens if they break the rule?

When Police Do Not Read You Your Right to Remain Silent in Adams County, Colorado Courts

If you are under arrest and the police do NOT read you your rights before questioning you, then what you say in response to their questions is inadmissible at trial. That’s all. Your case still goes forward to trial in Brighton and the Adams County Court. The only punishment is that the district attorney can’t use what you say in answer to police questions. This is a narrow rule. A common police practice is to question you before arresting you. After they ask all their questions, they arrest you. One more thing: If you volunteer information, even while in custody and after an arrest, it is fully admissible against you.

Miranda Rights: Must Douglas County, Colorado Police Always Read Me My Rights?

The rule on reading you your rights comes from a case involving Miranda v. Arizona, a 1966 Supreme Court case. Mr. Miranda wrote a confession after police pressure, but without being told he could have an attorney present or that he could remain silent. The rule from this landmark case provides that arrested persons in Douglas County, Colorado and Castle Rock, must get a required set of rights before being questioned. Unfortunately, at least 50% of people receiving this advisement believe police lies that they would be better off talking to cops, and they freely answer police questions (and thereby confess to crimes). Also, Courts have said that cops can legally lie to suspects. The statements are then used against the arrested person at trial.

Call our criminal trial lawyers to see if your rights have been violated and whether statements can be suppressed at trial. Together, we can protect your future.