You have the right to remain silent. This means that you can be quiet, and not incriminate yourself if you are being questioned by the police. Often, our clients wonder if they have the right to remain silent when they are being questioned by Greeley, Windsor or Fort Lupton police (read more about the Fifth Amendment).
Pretext Calls in Weld County
If you have been accused of a crime such as Criminal Mischief – C.R.S. 184-103, Burglary – C.R.S.-18-4-202, or Assault – C.R.S. 18-4-103 in Weld, Morgan or Logan County, and the police contact you; do not speak with them about the case. Often, police will employ your “victim” to try to get you to admit to an offense, or admit guilt before your arrest. This recorded phone call is called a pretext call. They are designed to gather as much information for the prosecution and to limit the defenses your attorney has in your case. Don’t give them information. Instead, respond that you have enlisted an attorney, and must speak with them.
Don’t Talk About Your Case
It is extremely important that you don’t speak about your case with anyone but your criminal defense attorney. Giving information to friends, family, or your victim / accuser can be harmful in the end. Often, investigators and detectives use the alleged victim, your roommate, a friend, or your girlfriend to speak with you, while they listen in. They are gathering evidence against you, so be silent.
Conversations are Recorded in Jail
All phone conversations and visits are recorded in the Weld, Morgan and Logan County jails. This is important to keep in mind when you are speaking with friends, family and fellow inmates.
Exceptions
There are exceptions to the privilege of your right to remain silent. For example, if you are charged with a DUI in Weld County – C.R.S. 42-4-1301, you do not have the right to speak with an attorney before you are asked to submit at Express Consent breath or blood test. Because you were arrested, the Sheriff’s Office has the right to make you take a blood or breath test (remember, however that you are not required to take the roadside maneuver test after you are pulled over).
Simply put – it is better to remain silent if you have been accused of or charged with a criminal offense in Weld, Morgan or Logan County. Everything you say will be used by the Weld County District Attorney against you in court, so be wise and enlist the help of an attorney.