Examining Your Rights When You Are Arrested

When you meet your criminal defense attorney in Denver, CO, one of the questions he or she may ask you is whether you believe your legal rights may have been violated before, during, or after your arrest. Every citizen should understand his or her legal rights and the importance of exercising them during all interactions with law enforcement officers. If you’re unclear about your legal rights, you can ask a felony attorney for guidance.

The Right to Remain Silent

When a suspect is taken into custody and booked, the police officers will ask for his or her full name and other identifying information. It’s best to answer these questions honestly, but to otherwise remain silent. You should not answer questions about the alleged incident or about your relationship with the alleged victim. Avoid answering any questions beyond providing your basic information, even if the question seems to be fairly harmless.

The Protection Against Self-Incrimination

As your felony attorney can advise you, the Fifth Amendment protects you from self-incrimination. This does not automatically mean that confessions are never valid. Rather, it means that you must be informed that any information you do choose to divulge could be held against you in court.

The Right to Legal Representation

All criminal suspects have the right to be represented by a criminal defense attorney. Your legal rights might have been violated if you requested an attorney’s services and the police denied you access to one. As soon as you request legal representation, police officers are not allowed to continue asking you questions. Furthermore, even if you initially decide to answer questions without the presence of a criminal defense attorney, you still have the right to request a lawyer at any time. No further questions may be asked of you once you make this request.

The Right to Humane Treatment

All criminal suspects are innocent until proven guilty and all of them, regardless of the nature of the crime, are to receive humane treatment. Inform your defense lawyer promptly if you were subject to cruel and unusual punishment, such as being deprived of food or water, being beaten by officers, or being denied essential medical care.