Colorado Sex Crime Attorney Blog

The Right to Remain Silent

Posted by Kyle B. Sawyer | Apr 17, 2012 | 0 Comments

The right to remain silent under the Fifth Amendment is important for people accused of Sexual Assault on a Child (CRS 18-3-405), or similar crimes, in Arapahoe, Denver, Jefferson, Adams, Douglas, Larimer, and Weld County, Colorado.

A recent front page article in the Denver Post contains a story of the nightmare which a Colorado family has been going through in Douglas County since July, 2009. After nearly three years locked in the court system, and spending $200,000 for legal bills, all charges against Tyler Sanchez have been dismissed. Read more about his story here. The District Attorney decided that the young man did not have the mental competency to make a confession to the sexual assault on a child crime he was accused of. During an intense interrogation, he confessed to a crime he did not commit.

When police start to question you about crimes like Sexual Assault (CRS 18-3-402), Incest (CRS 18-6-302), Unlawful Sexual Contact (CRS 18-3-404), or any sex crime in cities like Denver, Arvada, Englewood, Littleton, Highlands Ranch, or Parker, follow Cindy Sanchez's advice: “Do not open your mouth.” Police often say: “if you did nothing wrong, you have nothing to hide.” The problem is that law enforcement officers already have their minds made up and are looking for things you say to use against you at trial. They are not investigating with an open mind. Police stop looking for the actual offender and fail to consider that nothing may have happened. When you speak, police only write down the things that are harmful to you.

A good example: In March, 2012, we won a Sexual Assault on a Child case in Arapahoe County, in which a college student was accused of fondling a child in an arcade at a mall. No witnesses were identified by police, even though there were plenty of people around. Once police believed the child, they did not make any effort to talk to witnesses, take photographs, keep clothing for DNA tests, or preserve video. Our client talked to police and did not admit to any crime. Yet, he was criticized by the detective for not denying the crime in words the detective liked. During trial, we were stopped from showing the video conversation our client had with Aurora Police Detectives because the video was helpful to our client's case. As crazy as it may seem, favorable things a person says to the police are excluded as evidence in court. The detective's abusive tactics to trick our young and unsophisticated client into confessing were excluded from the trial because they would be harmful to the government's case.

Once you are accused of a crime, it is not a level playing field. If you have been contacted by police concerning a crime like Sexual Assault on a Child or Incest, be smart, exercise your right to remain silent, and call us at 303-830-0880. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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