If You Are Arrested
Being arrested can be a frightening ordeal and knowing how to behave and how to react can be extremely difficult. There are several things that you should know about your rights that may help protect you in the event that you are arrested. Denver criminal defense attorney Alaurice Tafoya-Modi is dedicated to protecting the rights of all people charged with crimes in Colorado.
Know Your Rights
Many people know about the Miranda Rights, the rights that police are required to advise you of at the time that you are arrested. These are:
The right to refuse to speak to police (including the fact that any statement you give police can and will be used against you in a court of law.),
The right to have an attorney present if you do speak to police,
The right to have an attorney appointed to you if you can’t afford to hire one.
What many people don’t know is the details involved in these rights. If you want to invoke your right to not speak with police, you should tell them this. The right to have an attorney present applies to all conversations with police. You do not need to say anything at all to police without an attorney present to advise you. You don’t even have to answer simple questions. You have the right to make a local phone call, and if you use this right to call an attorney, the police cannot listen to your conversation. Because full understanding of your rights is extremely complicated, the best thing you can do, generally speaking, is to immediately, and politely, tell police that you wish to remain silent and that you wish to have a lawyer with you. At that point, your attorney can ensure that your rights continue to be protected.
What You Should Do
When you face any criminal charges, there are some things that you can do to help ensure that your rights are not violated before your attorney arrives. While you do not need to speak to police, if you do, you should do so politely, and never lie to them. Invoking your right to silence is a much better protection than lying to investigators. If the police violate your rights, you and your attorney can file a complaint, and may be able to have the charges against you dismissed. Your conduct at the time of the arrest, however, may be taken into consideration by the judge; regardless of the treatment you receive from the police, if the judge perceives that you conducted yourself calmly and politely, he or she will be more inclined to show leniency. Do not try to prevent the police from doing their job. You have the right to refuse to allow them to search yourself, your car or your home, but if an officer places you under arrest, don’t struggle against them or physically resist being arrested.
The Most Effective Way to Protect Your Rights
If you are arrested for any crime, the most effective way to protect your rights is to contact a criminal defense attorney immediately. Alaurice Tafoya-Modi has a great deal of experience defending criminal charges ranging from misdemeanors to the most serious felonies. She has a thorough understanding of your rights, as well as the criminal justice system. Mrs. Tafoya-Modi believes that in order to get the best possible outcome for her clients, she needs to have a thorough understanding of their individual situation. She values compassion and personal interest, and uses these tools along with sharp legal skills and real world courtroom experience to protect every client.