Denver Metro Area Criminal Defense Law Firm Focuses on Protecting Clients’ Miranda Rights
Elbert County, Colorado Criminal Defense Lawyer Stands Up for Your Constitutional Rights
The well-known case Miranda v. Arizona led to the requirement that law enforcement officers advise suspects of certain rights that they have, including their option to remain silent.
The case also triggered the practice of police officers informing arrestees that:
- What they say can be used against them in court
- They have the right to an attorney and if they cannot afford an attorney, one will be appointed to represent them free of cost
- They have the right to have a lawyer present during questioning
- If they decide to answer questions, they also have the right to stop the interview at any time
Law enforcement officers are required to provide Miranda warnings whenever they interrogate a suspect in custody, even if the suspect has not been formally arrested. Interrogation means questioning as well as any words or actions that police officers should know are reasonably likely to elicit an incriminating response from a suspect. Being in custody is any situation in which a reasonable person would not feel free to leave.
Invoking Your Miranda Rights
Courts have indicated that a suspect should make it clear that they are invoking their Fifth Amendment privilege against self-incrimination, and their subsequent silence cannot be mentioned at trial. If a suspect wishes to invoke their Miranda rights, they must tell the officer so out loud that they intend to “exercise their right to remain silent” as they are being arrested. Voluntary statements made by a suspect after they have been informed about their Miranda rights constitute a waiver and any subsequent information could be used against them in court.
Contact a Denver Metro Area Criminal Defense Lawyer Today
If you are confused about your Miranda rights and how to invoke them, Denver criminal defense attorney Michael T. Kossen, P.C. has helped protect the Constitutional Rights of his clients for more than twenty years. Contact our firm online or call (303) 791-6500 to schedule your free initial consultation today.
