Your Legal Rights in Denver Colorado
Know Your Rights
It does not do you any good to tell the police "I know my rights." It is, however, very important that you actually know what your rights are, and why you have them.
A Brief Background
What we call our "rights" are established by the United States Constitution and the Colorado State Constitution. States have their own constitutions, but a State, in this case Colorado, can never give you less rights than the Federal Constitution gives you. This is why the United States Constitution is so important when it comes to your Colorado criminal case. The Federal Constitution guarantees you the minimum rights that you have. A skilled attorney, like Venkatesh ("Vee"), will use these rights to prevent you from being convicted where that is possible.
For example, The Fourth Amendment of the United States Constitution says "The People shall be free from Unreasonable Searches and Seizures." The writers of the Constitution realized that the government could become too intrusive, overbearing, and dominant over the citizens of our country. The Fourth Amendment was meant to protect you, the citizen, from the government, or in criminal cases, the police, detectives, and the District Attorney.
If you read The United States Constitution, what it says is very short and simple, and does not seem to explain what "Unreasonable Searches and Seizures" actually means. For example, if an officer comes up to you on the street and asks you to empty your pockets is that unreasonable?
This is where case law comes in. Through centuries of evolution of the criminal justice system, the phrase "Unreasonable Searches and Seizures" has been interpreted by the United States Supreme Court, thousands of times, to mean very specific things based on the particular case in front of the Court. In our example above, the police must have "reasonable suspicion" to stop you on the street, and then they need "probable cause" to have you empty your pockets. If they do these things without reasonable suspicion, or probable cause respectively, then it is an "Unreasonable Search and Seizure," and you may have a good defense to your criminal case. This is based on the Supreme Court's case law interpretation of the Fourth Amendment.
The Rights You Need to Know
As discussed above, the rights you have under The United States and Colorado State Constitutions take many different forms, depending on the specific facts of your case. A skilled criminal defense lawyer, like Venkatesh ("Vee"), will figure out how the complexities of your case apply to the law as your case progresses. However, before you speak with a criminal defense lawyer, you may be confronted with a police investigation, and may have to act without an attorney to aid you. This is why it is important that you understand your basic rights.
Your three most important rights are:
Your right to an attorney is particularly powerful if you are facing questioning by the police. If the police are trying to get you to talk and you say "I am going to remain silent," the police will almost certainly continue to ask you questions, and try to get you to talk. However, if you ask for an attorney, they are required by law to stop talking to you altogether.
Please also note, while you have a Constitutional Right to a jury trial, some courts (municipal or city court and county court, in certain cases) may actually make you pay a "jury fee." If you fail to pay this by the statutory deadline, the court can prohibit you from having a jury trial, and force you to have a trial to the judge. This generally weakens your chances for a successful defense. It is always better for the accused person to have a jury trial. If you appear in court before you hire a lawyer, be sure to pay your jury fee in a timely manner.
Dealing With Police, the Do's and Don'ts
DO NOT TALK TO THE POLICE - THEY ARE NOT YOUR FRIEND (they may behave like your best friend). If you don't remember anything else, don't forget this! The police will use every tactic you can imagine to get you to talk to them. This is because your statements are additional evidence that they can use against you later. They will try to intimidate you, or they will try to make you think they are your best friend. The police will also play games with you (remember the "good cop" and the "bad cop" routine in movies). Your right to remain silent is absolute. Use it. You are only required to tell them who you are and where you live. You may say something that you think is harmless at the time, but turns out to hurt you later if it conflicts with some of the other evidence in your case. Do not be intimidated. Remain silent.
Be aware that the police will lie (it is legal under certain circumstances) to you to get you to talk. Believe it or not they are allowed to do this. They will say things like "we know you did it," or "your buddy already confessed," or something along those lines. Prepare yourself to hear this: "It will go easier on you if you tell us NOW" or, and this is my favorite: "It looks bad if you do not talk." At that point repeat the following mantra in your head (remember, you are not to talk) No, it does not look bad. It looks like I am asserting a right that is the cotter pin of our freedom. Do not let them fool you, remain silent.
Meanwhile, when the police put pressure on you to talk to them (and they will) be polite, make the lawyer the bad guy - my attorney tells me not to talk - and tell them you will talk to them when you are with your lawyer. In this way, you can deflect the pressure they put on you in a nice way. If they persist stay polite and simply clam up. In these situations, it is wise to follow your Grandmother or mother's adage "SILENCE IS GOLDEN."
Keep in mind that the police officer, detective, or even the police captain has no authority to promise you favorable treatment if you "cooperate." Only the District Attorney has the power to make that offer. The deals involving cooperation should only be negotiated between your attorney and the District Attorney.
If you are arrested and placed in jail, be sure not to talk about your case over the phone since you may be recorded (it is perfectly legal and common practice for jails to do this type of recording - generally, a person in jail has no right to privacy). Also, do not talk about your case with any of the other inmates, as they may have an incentive to help the District Attorney in order to get a good deal for themselves. You have no friends in jail.
DO NOT GIVE CONSENT TO SEARCH - Police or detectives are not allowed to search your home unless you give them consent to do it. (If they have a search warrant, there is not much you can do, at least at that time). However, a skilled lawyer, like Venkatesh ("Vee"), at a later proceeding, can challenge the police to establish a legally valid basis for the search. If the police fail, the Judge could and, most probably, would suppress all the evidence obtained through the search. Here again, do not be intimidated into giving consent.
WATCH OUT FOR THE RECORDED PHONE CALL - The police may get someone to call you and record what you say. They may have the alleged victim in your case call you and say, "I think they know you did it," or "remember I know you did it" or the police have a witness who saw you did it" or something like that. You should not respond to a statement or a question like that. Hang up the phone. The same type of call may come from a co-defendant (someone else who has been charged with the same offense). The co-defendant may be working with the police in order to get a good deal themselves. Once again, do not answer and hang up. Remember, if the police already have the necessary evidence, then, why do they need your statement or "confession"? It is not your job to help the police to convict you. It is better to keep your mouth shut for if you do not say anything then it is very difficult for the police to make it up in a police report or to the court or prosecutor (they cannot lie that you said something when you did not).
SUPPRESSING EVIDENCE
Denver Legal Advice
First off, the Bill of Rights is not a "technicality". You may be guilty as hell but it is right and proper that you walk (found "not guilty") if the police acted in a way hostile to a fee society. Because it is not just your rights, it is all of ours. The exclusionary rule both protects our freedom, and enhances the professionalism of law enforcement in this country. It is the ultimate quality control device. While not a technicality, motions to suppress can be conceptually tricky, their outcome subject to the inclinations of the Court, changing case law, and to the varied facts of the case. Here is something, however, to help you get a handle on it. If it feels deep in your gut that the police were out of line, there may be something to it. A traffic stop for an equipment violation, without more, does not justify a search of passengers; and you would feel hassled if you were one of the passengers searched. On the other hand, a SWAT team jumping out at you after you try to unload fifty tabs of ecstasy to an undercover informant may be overkill, but is not a violation of the fourth amendment. (There might be an entrapment defense, though. Give me call.)
Will a motion to suppress lie? Consult your "hassle index" and talk to your attorney.
There are many ways a case can fall apart for the prosecution. Witnesses move away without leaving forwarding addresses. Essential evidence gets lost, or, more often, falls short of being able to convict. For example, a pawnshop form on which a defendant allegedly gave false information is poorly designed and subject to different interpretations. There is always cause for hope, but to flush out these "get out of jail" cards you need to fight. That means hiring an attorney, like Venkatesh ("Vee"), who is willing to fight for you. Please consider me for that position. But whoever you hire, get yourself an attorney, and never give up hope.
If you or someone you know in Denver, Colorado Springs or throughout Colorado need the assistance of an experienced Denver Criminal Lawyer, call Attorney Venkatesh ("Vee") Iyer today at 303-337-0473 to schedule your free consultation.