Often, when our clients are contacted by the Denver police department about allegations of Sexual Assault, Sexual Assault on a Child, or Unlawful Sexual Contact, they are blindsided and feel the need to explain their side of the story. These statements and explanations often are used as evidence of guilt in the person's case. The police ask questions that get you to admit ‘maybe' or ‘possibly' or that you could see how the other person might have misinterpreted something and that you are sorry. When clients see these statements being used against them, they think they should be thrown out because they weren't read their Miranda rights. So, where do your Miranda rights come in?
When Should I Be Read my Miranda Rights in Arapahoe and Douglas County?
Unfortunately, if you choose to speak to Arapahoe County or Douglas County deputies before you are arrested, your statements can be used against you. You are only required to be read your Miranda rights AFTER your arrest. Anything you say before you are told you are under arrest or put in handcuffs is technically legally obtained by the officers. It is only after that they need to remind you that what you say can be used against you in a court of law. I know it is often presented differently on television and movies, but that's the law in Colorado. You can't erase what you said or hope that because you weren't read your rights when you made the statements they won't be admissible in court.
Police Motivation in Talking to You Before Your Jefferson or Adams County Arrest
There are usually two reasons police officers in Adams and Jefferson County want to talk to you:
- They don't have enough evidence to arrest you and hope you make admissions so they can; or
- They already know they are going to arrest you and want to get a stronger case against you with your own statements.
They know that when they remind you that your statements can be used against you, there is a chance you will stop talking to them. So, they try and get you to say as much as possible before they make their arrest, at which point they are required to read your Miranda rights.Request a Free Consultation