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- Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
- Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
- Trial Issues In Colorado Domestic Violence Cases
- Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
- Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
- Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
- Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
- Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
- Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
- Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
- Colorado Domestic Violence: An Industry
- FAQ: Colorado Domestic Violence Cases Part II
- FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
- Colorado Criminal Law – A Comprehensive Look at the Colorado Defense of Self Defense, Initial Aggressor Laws, Make My Day Laws and the Duty to Retreat
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- Colorado Criminal Domestic Violence Sentencing Procedures and Law – What Happens In A Colorado Domestic Violence Sentencing Hearing
- Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
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- H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
- Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
- Key Colorado Domestic Violence Issues
- Understanding Colorado Domestic Violence Cases
- Colorado Domestic Violence Law – Searches – Consent
- Colorado Criminal Defense Law – Defending Domestic Violence Cases -Victim Recants
- Colorado Criminal Defense Law – Defending Domestic Violence Cases – Understanding Tactical and Trial Issues -Victim Recantation
- Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
- Colorado Criminal Domestic Violence Law – The Impact of the Federal Violence Against Women Act in Colorado Domestic Violence Cases.
- Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
- Colorado Domestic Violence Defense Lawyer – Understanding The Problem Of Identifying The Primary Aggressor In Domestic Violence Cases
- Colorado Law of Jury / Juror Misconduct – Analysis
- Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
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- Colorado Domestic Violence Law – The Danger Of Being Charged With False Reporting If You Change Your Testimony – C.R.S. 18-8-111
- Colorado Criminal Trial Law – Introducing Evidence Of A Defendant’s Good Character Under CRE 404 (a) – In Colorado Domestic Violence Cases
- A Denver Colorado Criminal Lawyer Helps You To Understand Colorado Criminal Restraining Orders Under 18-1-1001
- Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
- Colorado Domestic Violence Law Series – Bail Bonds – How Are They Set? What Criteria Is Applied?
- Why You Should Never Rush To Plead Guilty In A Colorado Domestic Violence Case – The Fast Track Trap
- Colorado Domestic Violence Cases Prosecuting With No Victim – Can They Still Go To Trial?
- Colorado Domestic Violence Lawyer On Domestic Violence And Mental Health Issues
- How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
- Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
- Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
- Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
- Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
- Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
- Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
- Colorado Domestic Violence Fast Track Programs
- Colorado Law Harassment Stalking Statute
- Colorado Domestic Violence – When the Wrong Person Is Arrested
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Cases – A Birds Eye View
- Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
- The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Transferring Probation Out Of Colorado – The Interstate Compact
- Colorado Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
- Colorado Domestic Violence Law – Understanding The Mandatory Treatment Requirement
- Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
- The New Colorado DV Treatment Standards
- The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
- Colorado Criminal Law Domestic Violence Right to Bear Arms
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
- Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
- Colorado Domestic Violence Cases- The Arrest
- Colorado Law – Domestic Violence Assault Charges
- Colorado Domestic Violence and False Allegations of Child Abuse
- Colorado Domestic Violence Sentencing
- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
- Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
- FAQ: Understanding Colorado’s Probation Supervision System
- Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
- FAQ: Colorado Restorative Justice – The Concept Behind A New Way Of Looking At Colorado Criminal Sentencing – Can It Work?
- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
- Colorado Criminal Defense Strategics: The Top Ten Myths About Colorado Criminal Cases
- Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
- Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
- Colorado Criminal Domestic Violence Cases – The Role of Mental Health Assessment in Colorado Domestic Violence Cases
- Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
- Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
- Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
- Colorado Criminal Law – A Listing of Key Domestic Violence Laws and Related Statutes
- In Depth Articles On Domestic Violence Laws – Issues – and History
- FAQ: Domestic Violence Defense Law- The Battered Woman Syndrome and Self Defense Law in Colorado
- Colorado Law – Common Law Marriages
- Understanding When Other Past Crimes or Bad Prior Acts Are Admitted at Trial in Colorado
- Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
- Colorado Statutes of Limitations – A Deadline to File Charges
- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
- Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
- Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
- Colorado Domestic Violence Trials – What Juries Really Think
- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
- Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
- Colorado Criminal Domestic Violence Resources
- 2011 Colorado Domestic Violence Treatment Providers By County
- 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
- 2011 Colorado Domestic Violence Treatment Providers By County – Denver County
- 2011 Colorado Domestic Violence Treatment Providers By County – Arapahoe County
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- 2011 Colorado Domestic Violence Treatment Providers By County – Douglas, Elbert and Lincoln Counties
- 2011 Colorado Domestic Violence Treatment Providers By County – Boulder County
- 2011 Colorado Domestic Violence Treatment Providers By County – El Paso County
- 2011 Colorado Domestic Violence Treatment Providers By County – Larimer County
- 2011 Colorado Domestic Violence Treatment Providers By County
- The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
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Police Contact in Colorado
By Colorado Criminal Defense Lawyer – H. Michael Steinberg
Police Contact In Colorado – It has been one of the most difficult topics to convey to the average person on the street – resisting the natural intimidation one feels from the police.. Here is what you need to know – you have the right to remain silent – you have the right to a lawyer – you have the right to refuse to permit a search.. You have the right to walk away and not answer questions..
Police Contact in Colorado
You have these right because you live in this great country.. So please read on..
When You Are Dealing With The Police And Other Colorado Authorities
You never have to refuse to talk to the police, the FBI, the DA, or for that matter any other government agent or investigator. The object of law enforcement is to collect or – if necessary – to create information (evidence) to make an arrest and to prosecute you… they often make mistakes and while their intentions may be to be fair – human nature takes over – and winning at all costs becomes the objective.
The Key To Your Defense – One Phrase – I Choose To Remain Silent – I Want to See a Lawyer”
The key words you need to memorize and then utter when confronted – in every situation – are simple. One phrase ends the questioning – ends the intimidation – ends the control the police attempt to assert over you …
Let me totally clear – these are the words you must say – no others – no hesitation – no ambiguity – no retraction – you MUST BE FIRM. These are the “constitutional words” – these words that are your impenetrable shield.
Sometimes called “lawyering up” – this phrase ends the “interrogation.” I cannot be clearer than this – you are under no legal obligation to talk to the police. If you agree to talk to them, they will do everything they can to trick you into giving them the very information they need to arrest you or to prosecute you or someone you love.
The police may try to act as if they are your friend.. They just want “your side of the story. If being friendly doesn’t work – they will try intimidation .. They have the right – under Colorado law – to lie to you – to trick you – and to confuse you.
I am not saying you must be rude – but don’t allow yourself to be drawn into what may seem like an innocent conversation with the police, the FBI, or other investigators. I was a prosecutor for 13 plus years in two states – I am telling you – a good prosecutor will take your words and manipulate them – change them – spin them – alter them and rearrange them to be used against you or others.
Police Contact in Colorado – If I Am Contacted – Stopped – Or Arrested On The Streets Of The Cities And Towns Of Colorado – What Should I Do?
So what should I do if I am approached by police?
If you are stopped while not in an automobile and questioned or even arrested by the police, you have the right to remain silent; you do not have to answer any questions about anything especially about alleged crimes they suspect you may have committed. You should provide your name and address only if requested.
Remember the Fifth Amendment to the United States Constitution.
Stay calm and keep your hands visible.
Ask the officer – “Am I being detained or am I free to go?”
If you are free to go – that is – if they do not tell you that you are “detained” or “under arrest” walk away. Be polite and be firm ” I am going now.” Then go….leave the scene.
On the other hand – IF you are being detained, you still have the right NOT to answer their questions. You can and should always give your name and address but then say this … AGAIN…
While you should always provide your name and address to a police officer who is investigating a crime, you are not legally obligated to talk to him or her – whether you are on the street, at your home or your office. Even if you have been arrested and in jail.. DO NOT BE INTIMIDATED . by what these officers say.
Only a judge – on the bench – in court – has the legal authority to order you to answer questions.
How Hard Is It To “REMAIN SILENT?”
It is hard… but – remember – under the 5th Amendment every person has the right to remain silent in the face of questions posed by any police officer or government agent. Since the law allows the police to lie to you and agents, investigators, and other authorities can use manipulation and deceit to pretend to be on your side, …if you even try to answer their questions by conveying to them your understanding of the facts – you are in grave danger …because even a seemingly harmless bit of information can hurt your case later in trial.
It will feel strange at first to say things like, “I choose to remain silent. I want to see a lawyer or ” Or to ask “Am I being detained or am I free to go?”, … But that is what you must do – every time. You can “take the Fifth” because you live in the United States and you cannot be forced to incriminate yourself.
Even if you forget to assert your right to remain silent – it has not disappeared – you may ALWAYS say the constitutional STOP words at any time – including – especially after you are arrested.
You can say them again- and again and as often as necessary to make the questioning stop.
If you do say them – then you must STOP and not say anything else… Do not ask advice from the officers who have stopped you…. they will use that opportunity to get around the Miranda warnings and ask you if you NOW want to talk to them.. Be careful.
You do NOT Need To Have Or Even Know A Lawyer To Ask For Your Lawyer
You should tell the police you want your lawyer – you want to see your lawyer. You do not have to already have one. Just asking for your lawyer stops the questioning
The Fear Of “Getting Into Trouble” If I DO NOT Talk
Refusing to make a statement or answer questions does NOT make you a suspect?
Refusing to speak is not grounds for arrest or detainment. Remember that the police and other law enforcement agencies are well trained at getting information from people. The fear that many have that their refusal to “cooperate”makes it appear as if they have something to hide is a dangerous idea – and it is exploited by unscrupulous and experienced police officers.
Also – do not wait for the police to read you your rights.. Get the jump – utter those critical words and then stop talking..
Police Contact in Colorado – Understanding The 4thAmendment – The Right To Be Free From Unlawful Searches and Seizures
The government does not have the right to search your car or your home unless they have a search warrant, probable cause, or your consent. They cannot conduct an “exploratory search, that is a search for evidence of a crime generally or even for evidence of a crime unconnected with you or your actions. It is amazing how quickly you can go from a witness – to a person of interest – to a possible target – to a suspect – to being placed under arrest.
Saying “I do not consent to any search” is NOT reason/ or probable cause for a search.
If you are arrested, an officer will search you and your bags. If you are unclear whether you are under arrest, say, “I do not consent to a search.”
ONLY sign an “Agreement to Appear.” Don’t sign property lists, statements, medical forms or anything else. And you do not need to answer ANY questions.
A stop for a traffic violation does not give the police the right to search your automobile.
You are not required to consent to a search; DO NOT consent – In fact – state clearly and unequivocally that you do not consent. Witnesses at the scene – if any – should be able to hear you refuse your consent.
The DA and his or her police witnesses always have the burden of proof in court to prove you consented or they had probable cause to search your car.
If You Are Arrested – Do NOT Resist
Do not resist arrest forcibly – DO NOT go limp – even if you are innocent and you are outraged. If you resist and give them reason to do so – you will be charged with a separate count and you might actually be convicted of that crime and acquitted of the original charge.
Under no circumstances should you resist arrest – and you should encourage others – such as loved ones – to stay clear of the arrest – as they also might be charged with the crime of interference..
But you should resist the type of so called “friendly” conversation you might be tempted to engage in on the way to or at the station. Understand this – nothing you tell the police after you are arrested will result in your release.
After you are are booked – you have the right to make at least two phone calls—call your family and ask them for help finding a bondsman. Then start your search for a lawyer. I have written your right in Colorado to make those phone calls.
You must be allowed to hire and see an attorney as soon as possible.
You Have The Right to Observe And To Record – Police Activity
The right to observe the police is guaranteed and constitutionally protected activity. The public has a right to videotape police actions If the police are in a public place, they do not have a ‘reasonable expectation of privacy’.
Remember also – the police are also required to provide to you their names and badge numbers.
Police Contact in Colorado
Denver Colorado Criminal Defense Lawyer
The Law Offices of H. Michael Steinberg, in Denver, Colorado, provides criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer who will provide you with a free initial case consultation to evaluate your legal issues and answer your questions with an honest assessment of your options and to answer questions about Police Contact in Colorado.
Other Articles of Interest:
- FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Domestic Violence No Contact Orders
- Federal Gun Laws and Colorado Domestic Violence Cases
