Miranda Rights Defense Attorney and Custodial Interrogation Lawyer in Denver, Colorado
“YOU HAVE THE RIGHT to remain silent. Anything you say can be used against you in a court of law. You have the right to have an attorney present now and during any future questioning. If you cannot afford an attorney, one will be appointed for you.”
The exact wording of the Miranda warning isn’t as significant as its intention regarding your rights and protection.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law.
Whether you have been arrested, charged with a crime, are subject to grand jury investigations, or are simply being questioned by the police, it is important to understand your rights. Contrary to common belief, police are only required to issue Miranda warnings after arresting an individual, before taking them into custody and before an interrogation.
Words of Caution
STOP TALKING. This isn’t television, this is real life and yours is at stake. However, law enforcement has a job to do and their job is to gather enough information for the prosecutor to charge you with a crime. Police may play “good cop, bad cop” to persuade you to give them answers for trade but they have no control over a suspect’s criminal charges once they have been arrested. Only the prosecutor and judge have that power.
Call my office today for a free confidential consultation
Denver Colorado Attorney Philip M. Smith
303-333-8900 • Email
Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning while in custody.
- Police can ask for your name, date of birth, address and even your social security number without reading you your rights.
- You can be questioned by police without being read your rights if you are not in custody or believe you are free to leave.
- Statements you make to police without being read your rights may be used against you in court.
- You must be read your Miranda Warning only AFTER BEING ARRESTED and BEFORE being interrogated.
- If you are in custody, you have a right to contact your attorney or if you qualify, a public defender will be appointed but you may have to spend a little extra jail time waiting for your time in court to apply and be appointed to a free attorney.
- If you have made statements to police AFTER being advised of your rights, these statements may be ruled admissible in court.
- If you choose to talk to the police officer, you have the right to stop the interview at any time and take the “Fifth”.
- You can exercise your RIGHT TO AN ATTORNEY at any time.
Philip M. Smith • Attorney At Law • Denver, Colorado
Colorado Criminal Defense Law
Free Consultations • Call (303) 333-8900 • Email
I am aware of the common methods law enforcement utilizes to obtain information from suspects and fight aggressively to protect my clients’ rights. I have the philosophy that there is no such thing as “off the record” with the police. Many officers obtain valuable information from individuals by talking with them prior to taking them into custody.
If you initiate the conversation with police, they do not have to read you your Miranda Rights. Anything you tell them can still be used against you, because there was no “interrogation”. Many people find that even though they wanted to do the right thing by talking to police discover very quickly, it is too intimidating without a qualified criminal defense lawyer. Don’t crack under the pressure, call me. Philip M. Smith, Attorney at Law, 303-333-8900.
What is Considered Colorado Police Custody
Not all coercive situations are considered “police custody”. If a police officer or detective has called or left a message asking you to come down to the station to answer questions, call me first. It is not uncommon to be placed under arrest and placed into custody upon arriving for this “friendly” chat. You have a right to decline their invitation by telling them you have contacted me. That stops further contact from police and I can take matters from there in your behalf. Just remember, anything you say may be used against you. Whether you are a witness or under custodial interrogation, it is important to remember, regardless of the circumstances, you are never required to talk to the police without an attorney present.
Contact My Law Office
If you are have been arrested or charged, or if you have questions about your Denver Colorado Miranda Rights, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.