Your emotions may be running high if you’re charged with a crime you didn’t commit, but it’s always important to remember that an arrest is not a conviction.
Every person arrested for a crime is innocent until proven guilty beyond a reasonable doubt.
You’ll get your day in court to fight against false accusations, and a skilled Colorado criminal defense lawyer can advocate on your behalf.
However, there are a few ways you can help as well, especially in the moments immediately after your arrest. Here are some tips on what to do when you have false accusations of a crime, as well as some acts to avoid.
DO Exercise Your Right to an Attorney
The Bill of Rights to the Constitution of the State of Colorado provides that you have the right to counsel in a criminal case, but it’s up to you to use it. Immediately upon your arrest, tell police that you need to contact a lawyer.
By having your attorney present, officers are less likely to abuse your civil rights and obtain information that could be harmful to your case. If police refuse to let you call legal counsel, it may be possible to toss out of court any evidence they obtain in violation of your civil rights.
DON’T Make Any Statements
You also have the right to remain silent, so never respond to questioning by police. Though you’ve been falsely accused, don’t even try to convince officers that you’re innocent. You won’t be able to persuade them to take back the arrest and you could make statements that affect your interests.
In addition, don’t fall for the common law enforcement ploy where police encourage you to talk by saying they can get leniency or beneficial treatment for you.
DO Ask to See the Search Warrant
If your arrest was pursuant to a search warrant, you’re entitled to review it. A proper search warrant has support from probable cause. A judge signs this and describes in detail what officers can seek.
However, if you have false accusations for a crime, your accuser likely doesn’t have enough evidence for a valid warrant.
DON’T Confront Your Accuser
You’re understandably angry and frustrated when you’re under arrest for a crime you did not do. So, you may consider lashing out at your accuser. In other situations, you may think you can talk to that person and try to work out a misunderstanding.
Neither type of confrontation is a wise move. You’re making a mistake regarding the existing criminal case, and you could even face additional charges. Instead, keep a level head and wait for your day in court.
DO Retain an Experienced Colorado Criminal Defense Attorney
If you have a charge for a crime you didn’t commit, it’s important to retain a knowledgeable lawyer who focuses on criminal law cases in Colorado.
Our team at Miller Leonard, PC has been defending clients for almost 20 years, so our attorneys have the experience necessary to fight for your rights. Please contact our Golden, CO office to schedule a consultation today.