Call For A Consultation (213) 513-7753
Call For A Consultation (213) 513-7753
In this article, you can discover…
You should never talk to the police after an arrest in Colorado without a lawyer, no matter how innocent you are. Why? Because what you hear on TV is absolutely true: anything you say can and will be used against you.
The example I often give, is imagine a rape case where the accused is certain it was a consensual encounter. Say it’s a man and a woman, and she was in a relationship at the time. Later, she accuses the other man of rape, not because it was nonconsensual, but because she fears the consequences of being caught cheating. This type of situation happens.
You might think you have nothing to hide and agree to speak to the police because you want to be helpful and believe the truth will prevail. Unfortunately, I can tell you that their primary goal is to lock in a statement that can help build their case. They’re not talking to you to clear your name; they’re talking to you to gather evidence or something they could use as a confession.
So if you admit you had sex and insist it was consensual, the prosecution now has a key element of the crime confirmed: proof of intercourse. That might have been impossible to prove otherwise, especially if the accusation was made months after the incident. But now, because you spoke to the police, the encounter is no longer theoretical; it’s a fact.
I can’t tell you how many calls I get from people who have already spoken to law enforcement and realize they’ve made their situation worse. If you’re accused of a crime or being investigated for a crime, the best thing you can do is get a lawyer.
If you miss a court date in Colorado and do not have an attorney present to explain your absence with a valid reason, a warrant will be issued for your arrest. If you were already out on bail, that bail could be revoked or significantly increased. In some cases, the court may decide to detain you moving forward because you will be viewed as a potential flight risk.
Relying on legal advice from the Internet can present serious problems if you’re facing criminal charges.
For example, you might read something online that suggests you’re fine to speak to the police as long as you don’t actually admit to any crimes. As mentioned earlier, that advice would be incorrect and could lead to serious trouble.
A random person on the Internet doesn’t know the facts of your case. They are also unlikely to be an experienced attorney who has handled hundreds of cases, providing them with a solid basis for their advice.
If you’re looking for legal advice, the best thing you can do is schedule a consultation with an attorney in your area so that you can be sure what you hear is relevant and applicable to your situation.
Contacting a victim or witness after your arrest can seriously backfire, as it may be perceived as an attempt to interfere with the case, potentially leading to additional charges.
No matter how innocent your intentions are, even if you’re just trying to clear things up, it can be easily twisted to look like you’re pressuring someone to give false or misleading information, or that you’re trying to influence the outcome of your case. The law takes that very seriously, and prosecutors will use that contact to potentially charge you with obstruction of justice or interference with an investigation.
The law is not intuitive, and most people will not naturally know the best course of action to take when they’ve been accused of a crime or are being investigated for one. Frankly, even just going to law school doesn’t automatically impart that knowledge. That level of perspective stems from years of hands-on experience in courtrooms, working with prosecutors, judges, and handling numerous cases.
Hiring a criminal defense attorney is essential because you need someone who knows exactly what to say, and more importantly, how best to advocate for you. You have a Fifth Amendment right to remain silent, and you should use it. But you also need the right person to speak on your behalf.
When it comes to my clients, I strive to become their voice and their face in the courtroom. From that point on, it’s not about them personally; it’s about me presenting their defense using my experience, my credentials, and my knowledge to protect their rights and preserve their freedom.
In one particular case, law enforcement had the alleged victim of a sexual assault call my client and just unload on them, saying things like “How could you do this to me? I didn’t consent, I was drunk,” and so on.
My client believed the encounter was consensual, but he wanted to show compassion. He responded with something like “I’m so sorry.” What was actually meant was “I’m sorry you’re hurting,” or “I’m sorry you feel this way,” but the police took it as a confession. That kind of misunderstanding, driven by fear and good intentions, can seriously harm your defense.
The moment you suspect there might be trouble, even if it’s just a rumor or an offhand comment, you need to call a defense attorney. The earlier I get involved, the better my chances are of protecting your future.
For more information on what to do if you’re arrested in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 513-7753 today.