Monday, August 29, 2011

Denver criminal defense lawyer / be clear in renouncing consent

The job for Denver criminal defense lawyers is frequently to show ambiguity and uncertainty in the facts. Today I'm going to talk about a case where uncertainty is really bad for defendants. Yesterday I talked about the consent exception to the exclusionary rule. I mentioned that consent is a crucial tool for the state. Using consent, they can avoid the burden of showing that a search was supported by a warrant and probable cause. Today I'm going to dig a bit deeper into consent, because it's just that important. Any Denver criminal defense lawyer will tell you that the nature of consent given by a defendant can make or break a case.

In general, it is people's natural reflex to be nice to police officers. That's good. There is no reason to piss off somebody who could seriously impact your fate during the potential criminal case against you. Despite all your constitutional rights, a cop who does not like you can really screw you over. However, where people struggle is finding the balance between being nice and protecting themselves. A person can be courteous and still be firm. And that's extremely important in the case of consent. The problem is that any sign of uncertainty can be taken as consent. If you say no, then OK, the court may rule you've given consent. If you've given consent in the first place, then try to revoke it, you may be out of luck. Basically, your Denver criminal defense lawyer will have a much easier time getting the evidence suppressed if you are very clear.

Also, if you make your wishes clear, you won't have to worry about going back and forth. If it appears you're unsure about letting the cops search you or your stuff, they'll keep trying to convince you. That just gives you more opportunities to say something wrong. Something that could get you in bigger trouble, or be used against you at trial. If you just say "no, you need a warrant" or "no, I want a lawyer," you're done. You get to call an attorney who will have dealt with something like this before. So be courteous, but firm in declining to consent to any searches of you or your belongings.

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