Pueblo Criminal Defense Attorney Recommends: Know Your Rights!

If you live in the Pueblo, Colorado area and you have ever been charged with a criminal offense, you probably remember hearing the words, “You have the right to remain silent” and “You have the right to have an attorney present during questioning.”  While these words may not have seemed so comforting at the time of arrest, as a Pueblo criminal defense attorney, I highly recommend you learn as much about your rights as possible.

Your “Miranda rights” are just a few of the guaranteed rights afforded to all American citizens facing criminal charges.  You also have basic legal protections under the United States Constitution.  Any violation of these basic rights can be used as a basis for your defense, or for appealing a criminal conviction. 

Below is an overview of your Constitutional rights as a defendant:

1. Right to an Attorney:  Whether you can afford an attorney or not, you have the right to legal representation throughout the legal proceedings, including any police interrogations that take place before you are formally charged.
2. Right to Reasonable Bail / Bond:  This means that no court can set an excessive amount of bail just to keep you incarcerated until a trial takes place.
3. Right to a Trial by Jury:  As a criminal defendant, you have the right to a speedy trial by a public jury, but you also have the right to ask a judge to decide your case instead.
4. Right against Self-Incrimination: This right explains why you have the “right to remain silent”, because anything you say really “can and will be used against you in a court of law.”
5. Right to Present Evidence:  You maintain the right to ask the court to subpoena all evidence supporting your case to be brought into court, at no cost to you.
6. Right to Call Witnesses:  In addition to testifying on your own behalf, you have the right to subpoena witnesses, if necessary, to testify in your defense.
7. Right to Confront Witnesses:  You may also cross-examine and confront any witness who is testifying against you.
8. Right against Unreasonable Search or Seizure:  Before an officer can search you or your property, they either have your permission or probably cause.  Any warrant to search your home must specifically include what the police are seeking.

These rights are often used in Colorado courtrooms to help defendants avoid a conviction or to appeal to the judge for a lighter sentence.  While everyone is free to use these rights in their own self-defense, it is far more advantageous to hire a local Pueblo criminal defense attorney with a history of ensuring the Constitutional rights of his or her clients are not violated by the criminal justice system. 

If you are in need of a qualified and experienced criminal defense attorney in Colorado, contact the offices of Clawson & Clawson, LLP for a free consultation.