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Arrest Advice

Constituational Rights

Right to Remain Silent

PoliceDon't Run From Police
While the police can never testify to a jury that you wouldn't speak to them, they can tell a jury that you ran from them. This means of course, running in the literal sense, but it also means moving out of state, or taking other measures to avoid their contact with you. Running is considered to show "consciousness of guilt," and you will be adding to the prosecutor's evidence against you if you do it.

WarningDon't Be Offensive
There is nothing to be gained from being rude or offensive to the police, even if you are being unfairly arrested. Your conduct will be reported by the police in their report, and the judge that handles your case will likely hear about it later. It is best to silently comply with any arrest, and let your attorney handle the defense of your case later.

Colorado Police

DO'S and DON'TS

Criminal ArrestIf you are arrested, or if you are approached and questioned by police or detectives:

  • Don't Talk - Make no statements regarding the crime being investigated. Even if you feel intimidated, remember, you have an absolute RIGHT TO REMAIN SILENT! You are required to give your name, address, and other identifying information. Don't say anything outside of this. Statements you make might seem harmless at the time, but can be very damaging later if they conflict with other evidence.
  • Remember that police can lie to you. They may tell you that they "already know that you did it", or that your friend "already admitted that he - and you - did the crime". Don't be fooled, remain silent.
  • Remember that a detective, even a police captain, has no legal power to make you a promise regarding your prosecution, or a "good deal if you cooperate". Only a District Attorney or a U.S. Attorney has that power.
  • If you are jailed, do not discuss anything over the telephone as it may be recorded, and do not discuss the case or any information with other inmates. Prisoners often inform on each other in exchange for a deal from the prosecutor(s).
  • Remember that police cannot search your home or apartment unless you give them CONSENT (or they have a search warrant in which case you have no choice). You do not have to give them consent, and shouldn't. Again, don't be intimidated.
  • Don't fall for an attempt to get you to divulge information over the phone. For example, the alleged victim in your case may call and say, "Why did you do that (crime)?" Don't answer and hang up. Watch out for the same thing from co-defendants (others charged also), as they may have "flipped", and are now working in concert with the prosecution.
  • Retain a Denver criminal defense attorney as soon as possible.