Colorado criminal defense attorney/Right to an attorney

Everybody knows from Law and Order that the police read defendants their Miranda rights after they arrest them. However, since these readings basically seem like rote ceremony, most people that aren't Denver criminal defense lawyers are unaware of how these rights work and how to invoke them. Basically, the Miranda warnings were implemented so the police could not force confessions out of tired, intimidated subjects who didn't know their constitutional rights and didn't have an attorney present. The most crucial component of protecting yourself is your right to an attorney.

Although the Miranda reading is theoretically designed to inform the suspect of his rights, there is really no way somebody with no experience in the legal system would glean the information he needs to make an informed decision about waiver. The officer need not even verbally ask if the suspect wants to waive his rights. The suspect merely needs to know that signing the card indicates a waiver. As such, the suspect may be left with the strong impression that he really has no choice but to sign the card, or that that is what a prudent suspect should do.

Most importantly, a suspect is given no real idea how to end the interrogation. If he equivocates, openly wonders whether it's a good idea to talk to the police, or even tentatively says he probably shouldn't speak to them, that is not treated as an invocation of the right to remain silent. Law enforcement can continue to attempt to persuade him through all these signs that he probably doesn't want to talk. The crucial and magic words are "I want a lawyer." It doesn't matter which criminal defense attorney you ask for, or if you even know one. The interrogation must stop until an attorney shows up. So know this the next time law enforcement gives you trouble: ask for an attorney and they have to stop asking questions. It's the constitution.