They Didn’t Read Me My Rights – Colorado Law And Your Miranda Rights
By H. Michael Steinberg Colorado Criminal Defense Lawyer 
They Didn’t Read Me My Rights? – Colorado Law And Your Miranda Rights – One of the least understood rules in the criminal justice system is the Miranda decision.
The question I receive from so many clients is …”since they didn’t read me my rights they have to dismiss the case… right?” Wrong, I wish it was so easy.
The Miranda case means one this – IF you are in custody – AND the police question you – THEN …if you were not properly “Mirandized” (given your rights – which you “waive”) your statements, obtained in violation of Miranda, cannot be used against you at your trial.
If a case is not provable without your statements (usually a confession) then the case will be dismissed by the Judge or by an ethical District Attorney voluntarily.
Understanding The Fifth Amendment And The Right Against Self Incrimination
The Miranda decision addresses the intention of the judicial system to protect a defendant’s Fifth Amendment right against self-incrimination. The case prohibits the prosecution from introducing in its case-in-chief (at trial) any statement . . . procured by custodial interrogation, unless the police precede their interrogation with [Miranda] warnings.”
For Miranda to apply – a defendant must be subjected to both custody and interrogation. Both must be present before the Miranda rule applies.
A Judge reviewing a claim of violation of Miranda must make that determination from the facts before that Judge. Typically whether the suspect is in custody or not is the key factor in the analysis. The questioning of a suspect is usually the simpler of the two prongs of Miranda.
Were You In Custody When The Police Questioned You?
In Colorado – this is the rule as regards whether you are in “custody” for the purposes of triggering the Miranda Rule.
“The fundamental inquiry in determining whether [a defendant was] in custody for purposes of Miranda is whether a reasonable person in the [defendant’s] position would [have] believe[d] himself to be deprived of his freedom of action to the degree associated with a formal arrest.”
“This is an objective inquiry made on a case-by-case basis in light of the totality of the circumstances.”
A Court reviewing the evidence presented at a Motion to Suppress Hearing will apply a number of different “tests” or “factors” to make the custody determination:
The list of “custody” factors that are applied under Colorado law to determine whether a Defendant is in custody are:
(1) the time, place, and purpose of the encounter;
(2) the persons present during the interrogation;
(3) the words spoken by the officer to the defendant;
(4) the officer’s tone of voice and general demeanor;
(5) the length and mood of the interrogation;
(6) whether any limitation of movement or other form of restraint was placed on the defendant during the interrogation;
(7) the officer’s response to any questions asked by the defendant;
(8) whether directions were given to the defendant during the interrogation; and
(9) the defendant’s verbal or nonverbal response to such directions.
Because none of these factors is determinative – rather – “ALL the circumstances surrounding the interrogation must be considered to determine whether the situation implicates the concerns behind Miranda.”
The Focus Of The Custody Determination Is The “Degree of Coercive Constraint Placed On A Suspect
The critical consideration under the Miranda Rule is the degree of coercive restraint to which a reasonable citizen is subject at the time of questioning. Coercion is the direct result of the nature of the kind of custody that is at issue in any given fact pattern.
Was a weapon drawn at the time of the questioning? Was the suspect in handcuffs ot in any other kind of physical restraint at the moment a question is asked?
hey Didn’t Read Me My Rights – Colorado Law And Your Miranda Rights
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Never stop fighting – never stop believing in yourself and your right to due process of law.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.
You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – They Didn’t Read Me My Rights – Colorado Law And Your Miranda Rights.
Other Articles of Interest:
- If You Are Arrested In Colorado
- Miranda Rights Statements – After Waiver – Must Be Voluntary
- Colorado Self Defense Law – How To Avoid Being Charged Yourself – Dealing With The Police Investigators
- Keeping Your Mouth Shut – The Investigation Phase – Never Talk To The Police – The Reasons
- Colorado Traffic Stops and Questioning – Do You Have To Answer Colorado Police Questions?
