Miranda rights violations are a common concern to people who have been arrested and charged with a crime in Greeley and Weld County, Colorado.  Many people do not know that the Greeley Police and Weld County Sheriff are only required to inform people of their Miranda rights under specific conditions.  The Greeley Police are not required to mirandize you – that is, inform you of your Miranda rights – unless those conditions are met.  However, you can still protect yourself by knowing your rights and always exercising them, regardless of whether the Weld County Sheriff reads them to you or not. The bottom line with Miranda is to never answer questions from police.

What Are Miranda Rights in Greeley?

In Greeley, Miranda rights are those guaranteed to U.S. citizens, protecting them from self-incrimination and granting the right to an attorney.  The right itself is derived from the Fifth Amendment of the United States Constitution.  However, the name stems from the 1966 Supreme Court case Miranda v. Arizona, which determined that police are legally obligated to inform suspects of their rights after they have been arrested and before custodial interrogation.

What are the Four Parts to Every Miranda Advisement?

If you are mirandized, you will hear a similar version of the following.  Provided below each point is a short explanation of each.

1. You have the right to remain silent.

You do not have to answer questions that the Greeley Police ask you at any point.  This right protects you from being legally obligated to act against your own interests by talking to the police. The police will often pretend that you are not the subject of their investigation so they can get you to talk.

2. Anything you say can and will be used against you in a court of law.

This warning lets you know that any questions you answer or other statements you make can be used as evidence that could result in your conviction at the Weld County Courts. In many cases, police can’t prove the elements of charges against you without your help.  Never help them convict you.

3. You have the right to an attorney.

You have the right to a lawyer to defend you in court.  The right to an attorney is always afforded to you.  This right should never be waived under any circumstances – your lawyer will protect your rights in court and seek the best possible outcome for you.

4. If you cannot afford an attorney, one will be provided to you at no cost.

Because you are guaranteed the right to an attorney, the Weld County Courts must provide one to you if you cannot afford the cost of a private lawyer.  This lawyer is called a public defender.  People who cannot afford private lawyers – formally referred to as “indigents” – must go through an application process to request a public defender so that income requirements are sure to be met.

When are Police Required to Read You Your Miranda Advisement? 2 Requirements

In Greeley, two requirements must be fulfilled before police will inform a suspect of his Miranda rights.

The First Requirement for Being Read Your Miranda Rights: In Greeley Police Custody.  This means that  you have been arrested by the Greeley Police, or you are detained and not free to leave.  If you are not detained or under arrest, the police are not required to mirandize you.  Therefore, if you were pulled over, the police approached you in public, or they visited you at your home, they are not required to inform you of your Miranda rights until you are detained.  Officers will often question people before putting them into custody, so Miranda will not be necessary.  If you have not been arrested, but are unsure of whether you are being detained, simply ask if you are being detained or if you are free to leave.  If you are detained, then you are in police custody, and this first requirement has been met.

Did the Greeley Police Violate My Miranda Rights?

To determine whether the Greeley Police violated your Miranda rights, it is important that you ask whether the above two requirements were met.  If you were under arrest and subsequently subjected to questioning, and your Miranda rights were not read to you, it is possible that your rights were violated.  If you suspect that your rights were not upheld, it is essential that you contact a top criminal defense lawyer who can listen to your story and provide you with clarification.

Never Speak with the Weld County Sheriff

The best thing you can do to protect yourself is to never speak with the Weld County Sheriff or any other law enforcement officer.  Don’t wait for the police to inform you of your Miranda rights.  The police can use what you say against you at the Weld County Courts at any point.  The only exception is if they fail to properly inform you of your rights when they are specifically required to do so.  Even then, it does not necessarily mean that the charges against you will be dismissed.  It just means that if you made statements when you were not properly mirandized, those statements are not admissible as evidence in court.

If the Greeley Police pull you over while you are driving and ask you questions, they are not required at that point to mirandize you – but they can still use anything you say as evidence against you.  Remember: you always have a right to remain silent, and you should always exercise that right.

What Do I Do if Greeley Police Ask Me Questions?

It can be confusing to understand what you are and are not required to do if a Greeley Police Officer starts to ask you questions.  Under Colorado law, you are required to do the following upon the police officer’s request:

• Provide your name, address, date of birth and driver’s license. If you have been pulled over and it is requested by the police officer, you must also provide your proof of insurance to the officer.
• If you have been pulled over and the officer asks you to do so, you must step out of your vehicle.

You are not required to:

• Consent to a search of your house or vehicle if the officer does not have a warrant.
• Answer the Greeley Police Officer’s questions. Do not sign any documents provided by the police if you do not have a lawyer present.  The only one you may sign is a Traffic Ticket or Summons promising to appear in court.

It is important that you let the officer know that you would like to exercise your right to remain silent.  You can say, “Sir, I would like to invoke my Fifth Amendment right to remain silent,” or “Officer, I would like to use my right to remain silent and speak with a lawyer.”  The officer may try to convince you to change your mind, saying that you can prove your innocence by telling her your side of the story.  Or she may say that she’ll leave you alone if you “just” answer her questions.  Do not listen to anything the officer tells you, and use your Fifth Amendment rights.  The police are not your friend.

Why You Need a Top Greeley Criminal Defense Lawyer

If you believe your Miranda rights may have been violated, you need to contact a top Greeley criminal defense lawyer as soon as possible.  An experienced lawyer can advise you as to whether the Greeley Police failed to mirandize you when they were required to do so.  Your attorney can also advise you as to whether that can be used to your advantage in your case at the Weld County Courts.  Your lawyer will then fiercely defend you in court and protect your future.  Don’t let the Greeley Police or the Weld County Courts threaten your freedom and finances.  Hire a lawyer who will represent you throughout your case and allow you to live the rest of your life in freedom.