Denver Criminal Defense Lawyer: What are your rights when under arrest?

Anyone who has spent countless hours watching crime shows and legal dramas probably thinks they are an expert on Miranda rights.  While you do have the “right to remain silent” during an arrest, there are other guidelines that law enforcement must adhere to in order to legally place you under arrest.  If you have been charged with a criminal offense in Denver Colorado, a Denver criminal defense lawyer will look at the evidence leading up to your arrest, as well as the way you were arrested, to see if any laws were broken. 

Why is the way you were arrested so important in a criminal defense proceeding? 

For one, law enforcement must have probable cause to determine you have committed a crime, which permits them to take you into custody.  While the lack of probable cause will not absolve you if you are later found guilty of the crime, it can play a role in influencing a jury.

In many cases, an arrest warrant is necessary before law enforcement can make an arrest.  However, arrest warrants contain certain language, including where and how the person can be detained.  If an officer disregards these specifics, your attorney will present this as evidence in court.  Arrest warrants must be obtained by using evidence that clearly states the crime and the person responsible for it.  If these details are inaccurate or untrue, a criminal defense attorney will use this information to your benefit.

In cases where an officer has either witnessed a crime or has probable cause to believe a given suspect is the perpetrator, then an arrest warrant is not necessary. 

Finally, an arrest must not be made with an illegal use of force.  Before apprehending a suspect, officers must follow the “knock and notice’ procedure to announce their presence.  They are not allowed to barge into a home unnecessarily unless there is imminent danger to people in the dwelling.  This guideline can also be ignored if the safety of the officer would be in danger or the announcement would give the suspect enough time to destroy evidence.  However, even when force is used, it must not be “excessive”. 

An experienced Denver criminal defense attorney will know the difference between a legal and illegal arrest, and how to use any missteps by law enforcement to benefit your case.  If you have been charged with a felony offense in Colorado, contact the well-qualified attorneys at Clawson & Clawson, LLP for a free consultation.