In Weld County, and across the U.S., every American citizen is entitled to their Miranda Rights when they are arrested on suspicion for a crime. When you are placed into Weld County police custody, they must read you your “Miranda Rights” before they begin questioning you. Here, people are not presumed to be guilty and cannot be forced to speak against themselves. They have the right to remain silent. Having knowledge of these rights, and knowing an advisement on them needs to be given before questioning occurs, is vital to any case.
Within the past few years, a very prominent rapper in youth culture was murdered. One man, who is a potential suspect, was arrested for unrelated drug charges. The police then began asking questions about the murder. When the man told them he no longer wished to speak, the cops didn’t stop their interrogation and they then read him his Miranda Rights. This man and his lawyer have filed a motion to suppress his testimony in court because the officers did not honor his request to cease questioning him.
What are my Miranda Rights in Greeley?
In Greeley, our Miranda Rights refer to an advisement of the following list of rights that an officer will read to you, if they intend to question you:
- Your right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be provided for you.
- Do you understand the rights that have just been read to you? With these rights in mind, do you wish to speak to me?
What Do my Miranda Rights Actually Mean in Morgan County?
In Morgan County, and every other Colorado County, an officer should read you these rights before they begin to interrogate you. Often times, people waive these rights without really knowing what they mean. Cops understand what these rights mean, and will take advantage of our client’s ignorance on what they really mean. They want suspects to give up their rights and incriminate themselves. So, what do Miranda rights mean?
Your Right to Remain Silent Under Miranda
The right to remain silent means exactly that. It means that by not speaking, you aren’t admitting guilt, you aren’t giving a confession. You aren’t doing anything when you don’t talk. The Morgan County Sheriff and Fort Morgan police cannot force you to say anything. Anything that you don’t say is another thing that the police cannot use against you.
Evidence Against You by Police Based on Your Statements
When an officer says, “Anything you say can and will be used against you in a court of law,” refers to using your words against you during a trial or hearing. Any story you tell, answer you give, or statements you make, are useful to the police, and they will attempt to use that to convict you of the crime. Anything you tell them will not be secret. They will bring it up in court and use it against you. So, it is always best to just not say anything.
Miranda Right to Counsel – Private Lawyer or a Public Defender in Weld County
The right to an attorney under Miranda exists because courts know that you are probably not as adept on the specifics of the law, or the language of it, like professionals. Police and District Attorneys have the right to arrest you, and abuse your ignorance of the law. A defense lawyer or public defender understands the system and is there to protect you. The right to an attorney means that if / when arrested, you can hire an attorney, or get a free public defender, to fight your case for you. Please know, that you must invoke this right clearly. You must say “I want an attorney / lawyer now.” Anything less clear than that, and the court might not view it as a direct command or invoking of your right to counsel.
If you cannot afford an attorney, a public defender will be assigned to your case. You have a right to legal representation, even if you cannot afford one. A public defender is an attorney or lawyer that is paid by the government instead of by you. All you have to do is invoke your right to a defense attorney, and you will receive a public defender.
What if I Do Not Speak English (Well) in Logan County?
Additionally, in Logan County, the law takes into account that not everyone speaks English or can hear. Some people are deaf or have impaired hearing, while others don’t understand English at all. In response to an advisement of Miranda Rights, silence is not the same as understanding or waiving constitutional rights. Some officers carry a Spanish version of our Miranda Rights, as Spanish is one of the more widely spoken languages in Logan County, Morgan County, and Weld County. When a person is arrested and they cannot hear (well) or they speak limited English, the police must acquire someone who can translate.
HAVE YOUR MIRANDA RIGHTS BEEN VIOLATED?
If you think that you or someone you love has had their Miranda Rights Violated in Weld County or Greeley, be smart. Exercise your right to remain silent, and contact the best assault attorneys in Northern Colorado.
Call the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.
Photo by Lucas Sankey on Unsplash