What Are Miranda Rights?

The Constitution of the United States protects your fundamental rights and, in some cases, provides additional protections for your rights. Miranda rights are a set of legal provisions that protect your rights during the arrest process. Depending on whether the arresting officer applied them, Miranda’s rights can critically affect the outcome of your criminal case.

Miranda rights apply to everyone and refer to the warning an arresting officer should give a defendant upon arrest and during interrogation. The requirement is based on a Supreme Court decision in a Miranda v. Arizona, 384 US case. Skilled lawyers from a criminal litigation law firm in Colorado Springs provide an overview of these rights.

The Essence of Miranda Rights

Understanding your legal rights if you are arrested is crucial to avoid making a mistake that could further complicate your case. Criminal defense attorneys in Colorado Springs highlight the following four vital components of the Miranda rights:

  • The right to remain silent as anything you say could incriminate you and could be used in a court of law
  • The right to an attorney and to have the attorney present during any police interrogations
  • The right not to answer any more questions at any point during police questioning
  • The right to a court-appointed attorney if you cannot afford to hire one

Police officers must read the Miranda rights to you during your arrest before any interrogations that aim to make you disclose information that might incriminate you. Once the police read your rights, it’s best to say you don’t want to answer any questions without your lawyer present.

When Can Police Officers Arrest Me in Colorado?

The police must have probable cause before arresting anyone in Colorado. The circumstances, observations, and evidence should be such that they give a prudent person the belief that you have committed a misdemeanor or felony for the police to arrest you.

In some cases, especially when they don’t witness criminal activity, law enforcers may have to go to a judge to get a warrant of arrest. Together with the prosecutor, they may submit evidence and affidavits to support their claims. If the court finds probable cause, it may issue a warrant of arrest against you.

In some cases, police officers may arrest you at a traffic stop. For example, they can pull you over for a traffic violation and run your name through a database. They can take you into custody if a warrant has been issued for your arrest.

What If the Police Lack Probable Cause to Arrest Me?

If police officers make a wrongful arrest and detain you without probable cause, they violate your rights. However, the right time to challenge the arrest procedure is not during the arrest. You risk additional criminal charges and possible injury if you fight back or resist an arrest.

Instead, talk to skilled criminal defense lawyers in Colorado Springs. They can have you released on bail, and then you can speak to them about the wrongful arrest. They can use this information in court to challenge the charges and have them dismissed.

What If Law Enforcement Officers Stop Me on the Street?

If law enforcers stop you on the streets, resist the urge to run away. You don’t have to answer any questions; you could tell them you don’t want to talk to them. Ask if you are free to go; if they say yes, walk away without attempting to run away. However, if the officers say you’re not free to go but are not under arrest, you’re being detained.

Detention is not the same as an arrest, although the latter could follow. A police officer could require you to provide your identification or pat you down if they have reasonable suspicion that you might be armed or dangerous. If they search you further, you could tell them you don’t consent to the search but don’t resist if they continue.

Are There Exceptions to the Much I Can Say During an Arrest or Interrogation?

While you have the right to remain silent once police officers arrest you, there are exceptions to the rule. In Colorado, you must provide personal details such as your name, ID, and address. If you’re pulled over when driving, an officer may require you to show your license, vehicle registration, and proof of insurance. However, you don’t have to answer any further questions.

Can I Talk to a Lawyer Before Answering Any Questions?

It is your constitutional right to talk to Colorado Springs criminal defense attorneys before answering any questions, whether the police inform you of this right or not. Skilled lawyers understand that it’s their job to protect your rights. Once you say you want to talk to a lawyer, further questioning should stop, and you can remain silent even if the questioning continues.

A Skilled Criminal Defense Lawyer Helping You Understand Your Rights

The police in Colorado must inform you of your Miranda rights when they arrest or interrogate you. However, don’t assume that failure by the police to read you these rights can automatically make you win your case. The Miranda warnings only apply to custodial interrogations. Retain skilled criminal defense attorneys in Colorado Springs to protect your rights.

The Lux Law Firm is a criminal litigation law firm with dedicated criminal defense lawyers. We can help you file a motion to suppress any statements you made during interrogation if we determine the police violated your rights. Let us evaluate your case to find defects in the arrest and interrogation procedures that could have your case dismissed. Call us at 719-451-7469 to schedule a FREE case evaluation.