In Denver County Courts and Jefferson County Courts, you have a right to remain silent when accused of Sexual Assault on a Child, Unlawful Sexual Contact or Public Indecency. Otherwise known as your Fifth Amendment Right to Remain Silent, or Privilege Against Self Incrimination, this right protects you from being called to testify against yourself and facing additional criminal charges.

Arapahoe County and Douglas County Fifth Amendment Right: When 5th Amendment Right Applies

There are many circumstances where your Fifth Amendment Right to Remain Silent comes into play in Arapahoe County and Douglas County cases of Indecent Exposure, Sexual Assault or Incest. Below are some examples:

• When any comments you make (such as admitting to criminal conduct) could lead to prosecution;
• When your probation officer asks about what you did at a specific time, and your answer could lead to probation revocation or criminal prosecution;
• When you're asked about past crimes and any admission you make during a polygraph examination for Sex Offender Treatment could lead to criminal prosecution or the loss of good standing in SOISP or Sex Offender Treatment;
• When you're under subpoena / testifying in court, and what you say is different from a previous testimony or statements you made to police.

Remember,  you are not required to talk about something which can lead to criminal charges or criminal prosecution. However, a limitation on your 5th Amendment Right can occur when testifying on a subject and the government cross-examines you on that subject. So, you should always be cautious when testifying, as there are risks involved if your testimony might be on the same subject as criminal activity.

Immunity in Adams County Sexual Assault Cases

In some cases in Adams County, the government will consider a grant of immunity. When the government considers a grant of immunity, it means you can admit to committing a crime, but the government cannot prosecute you. Be extra careful with the wording on this immunity, however, as certain words may provide for limited immunity rather than complete immunity.  If you make a mistake, the wrong wording can lead to police investigating you further and gathering more evidence against you.

To learn more about your Fifth Amendment Right to Remain Silent in Colorado, contact the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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