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Criminal Defense

Your Rights During a Police Interrogation in Colorado

Jason Savela6 min read

Most people do not know what they are legally required to say to police — and what they are not. Understanding your rights before you need them can make all the difference.

The Fifth Amendment to the United States Constitution gives you the right to remain silent. The Sixth Amendment gives you the right to an attorney. Together, these rights protect you from being compelled to incriminate yourself during a police interrogation. But knowing your rights in the abstract is very different from exercising them effectively in the moment.

In Colorado, you are required to identify yourself to a police officer if you are lawfully stopped and the officer has reasonable suspicion that you have committed, are committing, or are about to commit a crime. Beyond providing your name, you have no legal obligation to answer questions.

The most important thing you can do if you are being questioned by police is to clearly and calmly invoke your rights. Say: 'I want a lawyer. I am exercising my right to remain silent.' Then stop talking. Do not explain, justify, or argue. Every word you say after that point can be used against you.

Police are legally permitted to lie to you during an interrogation. They can tell you that your co-defendant already confessed, that they have evidence they do not have, or that things will go easier for you if you cooperate. None of these statements obligate you to speak, and all of them are designed to get you to waive your rights.

Miranda warnings — the 'you have the right to remain silent' advisement — are only required when you are in custody and being interrogated. If you are not formally under arrest, police may question you without giving Miranda warnings, and anything you say is still admissible. This is why it is important to invoke your rights regardless of whether you have been formally arrested.

If you have already spoken to police without an attorney present, do not panic — but do contact a defense attorney immediately. What you said may or may not be admissible depending on the circumstances, and an experienced attorney can evaluate whether a motion to suppress is appropriate in your case.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every legal situation is unique. If you have questions about your specific circumstances, contact The Savela Law Firm, P.C. directly.

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