When Fort Collins police officers or Larimer County Sheriff deputies investigate a crime, they start by asking questions. Sometimes, when people answer these questions, it gets them in trouble. A man is currently fighting to have the statements he made to police thrown out, as he said he was not read his Miranda rights. He claims that his constitutional rights were violated when he was questioned without being mirandized. So, does he have a case? Let’s look at the facts to find out.
When Should I Be Read My Miranda Rights in Larimer and Boulder County?
According to the report, the man was seen by a state trooper trying to flee the scene. He seemed impaired and was stopped by the officer. The officer asked if he was the one who caused the crash. Specifically, he asked if he was the driver of the black truck. The man affirmed that he was and that was when he was arrested. So, were his rights violated because the officer questioned him without first reading him his rights? Likely, no. When law enforcement officers are gathering information, they are allowed to ask questions. It’s not until they have probable cause to arrest someone that they have to read them their Miranda rights. Again, you are only read your rights when you are under arrest.
Do I Have to Answer Questions Before Anyone is Arrested in Fort Collins?
Police in Fort Collins, Loveland and Estes Park like to try and get people talking before they make any arrests. This is because they know that their chances of getting you to make incriminating statements is much lower after they remind you that you have the right to remain silent and your statements will be used against you. You do not EVER have to speak to police. In fact, as a general rule, you should never answer any questions from law enforcement without an attorney present. And guess what, they usually don’t even try to question you when they know you have an attorney. You are required to provide identifying information to law enforcement, but you do not have to answer any questions about your actions or any situations that you may have been a part of. It’s important to know your rights so you can protect yourself.
If you or a loved one has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
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