Whenever someone is arrested in Colorado Springs, Colorado, or anywhere in the United States of America, the police will read you your rights. These rights are known as your Miranda rights and they address your 5th Amendment and 6th Amendment rights. While there is no specific language that must be used or recited by the arresting officer, in general, Miranda rights must inform suspects in custody of the following:
- The right to remain silent
- The right to an attorney
- Anything you say will be used against you in a court of law
- If you cannot afford an attorney, one can be provided for you
If an arresting police officer believes or has reason to believe that the suspect does not understand these rights—either because of a language barrier or other disability—then an interpreter must be brought in to translate before a proper interrogation can begin.
Example of Miranda Rights:
” You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
It is important to note that even after your Miranda rights are read, you should NOT speak to a law enforcement officer, police officer, prosecutor, or other interrogator without first consulting a lawyer and having your lawyer present. Your attorney will be able to ensure that all of your rights are protected throughout the entire legal process—beginning with the initial interrogation.
What if the officer does not read me my rights?
This is a very common question. Miranda rights are only required if the suspect is in custody AND being interrogated. Simply being arrested does not require a police officer to read you your rights—although many do. If there is a major question about public safety, such as a bomb threat or other safety issue, then an officer may even interrogate you without reading you your rights.
Unfortunately, police officers and other law enforcement officials often abuse this power and interrogate suspects (especially foreign suspects) without informing them of their rights. They often intimidate suspects or threaten them with longer jail time, the intimidation of a loved one, or even physically restrain them unlawfully. When this occurs, it is absolutely a violation of your constitutional rights and a Colorado Springs criminal defense Attorney will be needed to protect your rights.
Colorado Criminal Defense Attorney
If you are facing criminal charges in Colorado Springs, Briargate, Black Forest, Fountain Valley, or anywhere in the State of Colorado, you need an experienced criminal defense lawyer on your side. Sarah Christensen has the experience and resources to fight for your freedom and protect your future. Call (719) 634-7770 or E-mail us today to begin building a solid defense against these serious charges.