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Know Your Rights!
Do not make statements. Do demand to talk to your lawyer.
Under the Fifth Amendment to the United States Constitution, you are provided the right to remain silent. You should exercise this right! There is no one, under state or federal law, you can confide in except your attorney, without risking the possibility that your statements will later be used against you in court. This includes friends, family members and spouses, and especially law enforcement officers.
If you have been arrested or are under investigation and are being questioned, you should not make any statements, especially a written statement. While most law enforcement officers and other government investigators are persons of high integrity, sometimes a questioning officer will twist words, have a "selective" memory, or genuinely forget important details in the months or years between the statement and trial. Remember that law enforcement agencies work closely with prosecutors, but never call defense attorneys for advice on how to conduct an investigation!
You must be vigilant about maintaining your right to remain silent. "Statements" can include body
language and non-verbal utterances, such as shoulder shrugs, head nods or shakes, sighs, rolling eyes, and similar things you might not think qualify as a "statement." Ask if you are under arrest and demand a clear answer. If you are not under arrest, it is your absolute right to leave. If you are under arrest, you still retain the right to remain silent, and you also have the right to consult with a lawyer; be sure to state clearly "I want to speak with my lawyer." Stating that "I might want to talk to a lawyer" or "I should speak with a lawyer" is not enough to protect your rights and stop an interrogation. Understand and exercise your rights!
Do not authorize searches of yourself, your home, office, or car
Similar to your rights regarding making statements, you have the Fourth Amendment right to be free of unreasonable searches and seizures. As a general matter, you should not give a law enforcement officer or investigator permission to search you or your clothing, personal articles like bags, your home, office, or car. Frequently an officer will ask just on a "hunch," which is not "probable cause" to conduct a search.
Whether to take a polygraph, also known as a "Lie Detector"
Like the question of whether to make statements, you should not agree to take a polygraph without first consulting with a criminal defense lawyer. Occasionally, an investigator will use a polygraph as an interrogation tool, where regardless of the results of the examination you will be told you failed, that they've got you nailed, and that you need to explain why you failed the polygraph. THIS IS ABSOLUTELY FALSE! Polygraphs themselves are almost never admissible in court, which won't be explained to you, but any statements you make ARE admissible. It is simply a tool to pressure someone to make statements (in an incredibly stressful situation) that are not in their best interests. Do NOT agree to take a polygraph without discussing the issue with your lawyer.
If you are in jail
You must contact someone who can either provide help directly (a criminal defense lawyer) or who can get such help for you. Have that person contact a bail bondsman for you or bring cash to post a cash bond (see below regarding bonds). Try to refrain from eating and drinking, because the restroom facilities in jails are often hard to get to, unsanitary, in open view, or are otherwise something you may wish to avoid.
Posting bond and release from custody
You will have an opportunity to "post bond" shortly after your arrest. Generally, a "bond" stands in your place to ensure your appearance at future court hearings. If you do not show up for a hearing, the state may forfeit your bond and a warrant will be issued for your arrest.
Shortly after your arrest and arrival at the jail, you will be able to request that the judge or another official determine the type and amount of bond to which you will be entitled. Once you have posted your bond, you will be able to leave the jail subject to certain conditions, usually that you may not leave the state, consume alcohol or drugs, and other conditions without permission from the court.
There are several different types of bonds. A "personal recognizance bond" is your written promise to appear at future court dates and does not require payment of an amount of money other than a minimal fee. A "cash bond" is an amount you post with the court which represents the entire amount of the bond, and which you should have returned to you if you attend all of your court hearings. A cash bond may or may not be used to pay fines and court costs.
A "surety bond" is posted by a third-party bail bondsman, licensed by the state. The bondsman will almost always require a co-signer on your bond, so that if the state forfeits the bond, they may have recourse against the co-signer as well as you. Bail bondsmen are usually listed in the yellow pages under "bonds" or "bail bonds." They charge fees that must be paid prior to the bond being posted, usually between 10% and 20% of the bond set by the court, plus other fees. Amounts paid to bail bondsmen are generally not refunded to you at the conclusion of your case.
If you are being arrested, try to make arrangements in advance with friends, family, or your criminal defense attorney to be able to post bond, including having funds available to post a cash bond or pay fees to a bail bondsman and providing for a co-signer on the bond. Often, if plans are made in advance, you can be released from custody within a few hours of your arrest.
For more information or to schedule an appointment at our law firm, please contact us.
Law Offices of Schunk & Dunn, LLC
Attorneys and Counselors at Law
808 South Public Road, Suite 202
Lafayette, CO 80026
Telephone: (303) 939-9790
Facsimile: (303) 939-9792
The Law Offices of Schunk & Dunn, LLC represent clients throughout Colorado, including Boulder, Longmont, Broomfield, Louisville, Aurora, Lafayette, Denver, Nederland, Niwot, Boulder County, Arapahoe County, Jefferson County, Denver City County, La Plata County, Grand County, El Paso County, Pueblo County, Denver County, the University of Colorado, and Buckley Air Force Base.