Mc Dowell Law Firm, LLC

Know Your Rights: What to Say (and Not Say) When Stopped by Police

https://mcdowelllawfirmllc.blogspot.com/2024/07/know-your-rights-what-to-say-and-not.html

Knowing your rights during a traffic stop is key to not making things worse. When stopped by the police, knowing what to say—and more importantly what not to say—can make all the difference. What is always the first thing cops ask you during a traffic stop?

Do you know why I pulled you over?

Why do you think they ask that question? They want you to admit wrongdoing right off the bat. If you answer anything like, “Because I was weaving,” or “I was speeding because I’m late for work,” you are making a mistake that could come back to bite you. Remember, in this day and age, most police have recording devices on their person, that can record audio and video. If you make an admission, you better believe it will make it into the police report and be used against you.

If you don’t read any further, or just look at the bold type face, I hope you remember this:

Don’t admit to anything. Less is more.

n a typical traffic stop where you were going a few miles over the speed limit, or maybe you did a rolling “California stop” at a stop sign, the stakes are pretty low. This typically isn’t going to be a life-changing event. But I have seen cases where a point or two can mean saving your license or preventing sky-rocketing insurance rates.

In some cases, saying too much can get you into hot water, and give the police cause to charge you with more offenses, or even give rise to cause for a search of your vehicle. One classic example of opening your mouth and getting in trouble is in DUI cases. Two quick examples: 1. They smell your breath and notice a “moderate odor of an unknown alcoholic beverage”. 2. You try and minimize the incident by admitting to “I only had two beers.” In both these scenarios, that can be the first step on the road towards developing probable cause for a DUI arrest.

You should be polite and say as little as possible, you have the right to remain silent. This will educate you on your rights and responsibilities during a traffic stop and give you practical advice to help you handle these situations with confidence and calm. By knowing and using your rights you can protect yourself and avoid complications that may come out of the interaction.

Your Rights

Be Polite

When stopped by the police be polite. A polite demeanor can de-escalate a situation. Being polite doesn’t mean you have to give them more information than needed. It means be calm and courteous. For example if they ask for your license and registration don’t argue. This sets a good tone and shows cooperation which can influence the officer’s attitude towards you. Being polite also protects your legal rights. Aggressive or disrespectful behavior can be perceived as suspicious and may lead to more questions or even detention. By being polite you maintain control of the situation and ensure your rights are respected during the interaction. Remember you can remain silent if the questions get too probing but do it politely. If its late or dark out, put the officer at ease. Keep your hands where they can see them. Remember, every traffic stop could potentially be very dangerous for law enforcement, so there is no need to elevate the situation.

What to Share

During a traffic stop you need to know what information you are required to share. Typically, you have to provide your driver’s license, vehicle registration and proof of insurance when asked by an officer. Beyond providing those documents, you have the right to remain silent on any other questions. If an officer asks about your destination or where you’re going or why you’re traveling, you don’t have to give detailed answers. Just tell them you’re exercising your right to remain silent. This will protect you from giving information that can be used against you later. Always keep your answers short and only to the documents asked for. By knowing what to share and what not to share you can handle the situation safer and better and keep your rights protected during the interaction. If police start asking more questions beyond what you feel comfortable answering, you can also request to speak to your attorney before you agree to answer any more questions.

When to be Silent

Knowing when to be silent during a police interaction is key to protecting your legal rights. You don’t have to answer questions beyond basic identification and vehicle related documents. If an officer asks “Do you know why I stopped you?” or asks about your recent activities you can politely decline to answer. Just say, “I don’t know,” or “I am exercising my right to remain silent”. This will prevent you from making a statement that can be misinterpreted or used against you later. If the contact continues to the point where an officer reads your Miranda rights this is a clear sign you should stop talking until you have legal representation. Remember, Miranda applies for custodial interrogation. So, if you’re being given a Miranda warning, you are likely to be arrested, or otherwise taken into custody.

Silence is not an admission of guilt it’s a strategic move to protect yourself legally. By knowing when to be silent you can de-escalate the situation and keep your rights protected during the interaction.

Traffic Stop

Answering Police Questions

When answering police questions during a traffic stop you need to balance cooperation and protecting your rights. Answer only the questions related to your basic identification and vehicle documents like your driver’s license, registration and proof of insurance. For more probing questions like “Do you know why I stopped you?” or “Have you been drinking?” be polite but firm in your answers. You can say something like “I don’t want to answer any questions without an attorney present”. This keeps the interaction respectful and protects your rights. Don’t give any unnecessary information that can be used against you. By managing your answers carefully you can make the interaction smoother and protect yourself from legal issues.

What Not to Say

During a traffic stop certain answers can escalate the situation or compromise your legal position. Don’t admit guilt or give excuses like “I didn’t know I was speeding” or “I’m just in a hurry”. These can be used as self-incriminating evidence. Don’t argue with the officer or make hostile comments this can lead to more complications and possibly more charges. Don’t volunteer information about your activities or whereabouts unless required by law. If asked where you’re coming from or going to it’s within your rights to say “I don’t want to answer”. By knowing what not to say you can protect yourself from legal risks and make the traffic stop as smooth and uneventful as possible.

This may seem like common sense, but: Don’t be a jerk. Don’t make their job any harder or give them any reason to add more charges to your case. I’ve seen hundreds of bodycam clips where I watch my clients do or say things that are regrettable, and I know will not play well in front of a jury. There’s often a part on a police report where police can check Attitude/Demeanor of the defendant. Many times, it will have the simple, “Excellent”, “Good”, Fair”, “Poor” scale. Some agencies have dozens of boxes for things like “combative”, “polite”, “cooperative” etc.

DA’s look at that portion. If the cop checked the negative boxes, it will often make negotiating with the District Attorney much more difficult. They aren’t looking to give breaks to people who mistreat other members of law enforcement.

Exercising Your Rights

Exercising your rights during a traffic stop is key to protecting your legal rights. You have the right to remain silent which means you don’t have to answer any questions beyond basic identification and vehicle documents. If the officer asks to search your vehicle you can calmly and clearly say “I don’t consent to a search”. This doesn’t mean the officer won’t potentially find another basis to search you, but it means your objection is on record which can be important if the search is challenged later. If you’re detained or arrested you have the right to an attorney. If you feel that you need the advice of legal counsel at any point during the police contact, politely exercise this right by saying, “I want to speak to an attorney”. By exercising your rights confidently and politely you can protect yourself from legal issues and make any subsequent legal proceedings fair.

If you have any questions or concerns about a traffic stop that you were involved in, please give us a call to set up a free, no obligation consultation. Our Colorado Springs law firm handles serious traffic charges, DUI, reckless driving, careless driving, driving under revocation matters, and many more.

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Domestic Violence Charges

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Domestic violence (DV) is not a separate crime in Colorado. It’s an enhancer to any underlying misdemeanor or felony that occurred between former or current intimate partners.

The Colorado legal system takes domestic violence allegations very seriously. One charge can ruin your reputation, career, contact with kids, and your ability to own a firearm.

Not all charges are fair. You can get railroaded because of a personal vendetta between your partner or the person who filed the charges. Sounds scary, right? This post has all the important information you need to know about domestic violence.

From the charges themselves to what to do after you get charged, we’ve got you covered.

Keep reading to protect yourself if you get charged with domestic violence.

In Colorado, domestic violence is not a standalone charge but an enhancer to the penalties for the underlying crime committed against someone you are or were in an intimate relationship with. This can be spouses, ex-spouses, dating partners, or co-parents.

The severity of the charge depends on the original crime. For example, a minor assault might be a misdemeanor with fines and potential jail time. But if domestic violence is involved it can be a felony with much more severe penalties.

Colorado law enforcement takes domestic violence very seriously and has a mandatory arrest policy. If officers have probable cause to believe a crime was committed during a domestic violence incident they will arrest the suspect even if the victim doesn’t want to press charges.

While the decision to charge is up to the district attorney’s office, the police will collect evidence from the scene including witness statements and any physical evidence of violence. The district attorney will then review that evidence to decide if there’s enough to file formal charges.

Remember:

In Colorado, the case can still move forward even if the victim withdraws their initial statement. Prosecutors in Colorado can charge you regardless of the victim’s wishes. Are you charged with domestic violence in Colorado?

Get legal advice now. A Colorado DV attorney can help you through the system and protect you.

Colorado takes domestic violence seriously. In Colorado, you can be charged if there is any evidence that you committed an act of violence against someone you are or were in an intimate relationship with.

This can include:

Current or Former Spouses: This is the most common. If you are married to someone or were previously married and you commit violence or threats against them you can be charged with domestic violence.

Dating Partners: Even if you’re not married to your partner but you’re currently dating or have dated in the past domestic violence charges apply if you act violently or threaten violence.

Roommates with a Romantic History: Just because you live with someone doesn’t mean you’re in a domestic relationship. But if you were romantically involved with your roommate and then committed violence domestic violence charges are possible.

People with a Shared Child: Were you never romantically involved with the other parent of your child? Colorado law recognizes the importance of a safe co-parenting environment. Violence or threats against your child’s co-parent can be domestic dispute charges.

Same-Sex Couples: Colorado’s domestic violence laws apply to all relationships equally. Same-sex couples can be charged with domestic violence if one partner acts violently or does intimidating behavior towards the other.

Penalties for Domestic Violence Assault

Domestic violence assault in Colorado can have long-lasting effects. It goes beyond the immediate incident. The penalties depend on the specific facts of the case.

If you’re charged with domestic violence the consequences can be severe. Here’s how Colorado’s legal system handles domestic violence assault:

1. Severity Scale: Domestic violence assault in Colorado is a misdemeanor or felony. The classification depends on the level of violence, weapons used, and prior offenses. Third-degree assault a misdemeanor can carry up to 18 months in jail and $5,000 in fines.

Second-degree assault becomes a class 4 felony with 2-6 years in prison and big fines. The most serious is first-degree assault which is a class 3 felony with 4-12 years in prison and big fines.

If someone has 3 prior criminal domestic abuse convictions in Colorado they are labeled as a habitual or usual domestic violence offender. It’s a Colorado Class 5 felony which is 1-3 years in prison, followed by mandatory parole, and up to a $100,000 fine.

2. Beyond Jail: Jail time isn’t the only consequence. The court can order you to participate in domestic violence treatment programs to address the underlying issues that caused the violence.

Probation is also expected with supervision and restrictions. Community service is another penalty the court can impose. This is also called Useful public service, or UPS. Restraining Orders: The court can issue a restraining order to protect the victim from further harm. It legally restricts your contact with the victim, often prohibiting communication and setting a physical distance you must maintain. Violating a restraining order is a separate crime with its own penalties.

3. Loss of Rights: Domestic violence assault convictions can impact your gun rights. A felony conviction usually means a permanent gun ban. Misdemeanor convictions involving threats or use of force can mean temporary or permanent gun confiscation.

4. Immigration Consequences: Non-citizens charged with domestic violence assault face immigration issues. Depending on the severity of the offense and your immigration status deportation proceedings may be initiated.

5. Long-Term Effects: A domestic violence assault conviction stays on your record. It can affect employment opportunities, housing applications, and professional licensing. The effects go beyond the initial legal case and can impact your life for years.

Penalties for Domestic Violence Battery

Domestic violence battery, the use of force against a family or intimate partner, can destroy your future. These penalties can include jail time and fines to court-ordered programs and restrictions on your freedom.

Here are the 6 you need to know:

Domestic Violence Charge Jail Time: Depending on the level of violence and your criminal history a domestic violence battery conviction can put you in jail. Sentences can be a few days to a year or more. It disrupts your life and can cost you your job.

Fines: Courts often impose fines along with jail time or as a standalone penalty. Fines can be big and linger long after you’ve served your time.

Probation: Probation is common in domestic violence battery cases. Probation requires you to follow strict rules, such as regular meetings with a probation officer for a certain amount of time. Violating these rules can mean additional penalties including jail time.

Mandatory Programs: Many courts order domestic violence intervention programs. It’s a condition of probation or part of a plea deal. These programs educate offenders about the dynamics of domestic violence and help them develop healthier relationship patterns.

Restraining Orders: To protect the victim from further harm the court may issue a restraining order that prohibits you from contacting the victim. You may have to stay a certain distance from them even if you have to contact them. Violating a restraining order can mean arrest and additional criminal charges.

Loss of Rights and Privileges: A domestic violence battery conviction has far-reaching effects beyond the criminal justice system. You may lose gun rights, have trouble getting professional licenses, or have limited housing options.

Strangulation

In Colorado, strangulation of an intimate partner is a felony and falls under domestic violence laws. There’s no violence allowed in the home. Authorities take strangulation particularly seriously because of the life-threatening consequences. Law enforcement takes these allegations seriously and so should you.

The law defines strangulation of a domestic partner as intentionally or knowingly impeding normal breathing or blood circulation. It’s done to the victim by applying pressure to the throat or neck or blocking their nose and mouth.

It can be done with hands, forearms, objects, or even knees. The key is the intent to cause harm by restricting airflow. Sometimes strangulation is improperly referred to as “choking”.

Even if the strangulation attempt doesn’t result in any visible injuries it’s still a crime. Colorado recognizes strangulation even in cases where there are no external marks. The trauma can be significant and the risk of serious medical complications including death is high.

But false accusations of strangulation can mean death to your life. If you’re convicted of DV strangulation in Colorado you’re looking at felony charges. In Colorado, strangulation is a Class 4 Felony.

In Colorado, domestic violence doesn’t stand alone as a charge but rather is an enhancement to penalties for underlying crimes committed against someone you are or were in an intimate relationship with. This can include spouses, ex-spouses, dating partners, or co-parents.

The severity of the charge depends on the underlying crime. For example, a minor assault could be a misdemeanor with fines and potential jail time. But if domestic violence is involved it could be a felony with much tougher penalties.

Colorado law enforcement takes domestic violence seriously and has a mandatory arrest policy. If officers have probable cause to believe a crime was committed during a domestic violence incident they are required to arrest the suspected perpetrator even if the victim doesn’t want to press charges.

While the decision to charge ultimately rests with the district attorney’s office the police will gather evidence f

Top DUI Lawyers: Where to Find the Best DUI Lawyer Near Me

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A Quick Summary:

Experienced DUI lawyers are the key to fighting DUI and DWAI charges in Colorado. A good DUI lawyer knows how to throw out evidence, negotiate a plea, and get charges dropped or reduced.

Driving under the influence of drugs, alcohol or both is a DUI in Colorado. Penalties vary based on BAC level, number of prior offenses, and severity of the situation

The first steps after a DUI arrest such as contacting a DUI lawyer, documenting the arrest, and gathering related paperwork are key to building a strong defense.

Understanding DUI Charges

DUI charges are serious criminal charges in Colorado that can change your life. Drunk driving, also known as driving under the influence (DUI), is the basic definition of operating a vehicle when impaired by drugs, alcohol, or both. For most drivers in Colorado, the legal blood alcohol content (BAC) level is 0.08%; but for commercial drivers and those under 21 it’s lower. A DWAI (Driving While Ability Impaired) charge which is less severe than a DUI but still carries hefty fines can arise from a blood alcohol content of 0.05% or above. The consequences of a DUI or DWAI charge can be life-changing in many ways. Penalties may include:

Big fines

License suspension

Mandatory alcohol education

Community service

Jail time

For first-timers the penalties are bad, but for repeat offenders the penalties are even worse, longer sentences and higher fines. To build the best defense it’s good to understand DUI laws and the charges against you.

For those under 21, even a tiny amount of alcohol can be criminal. For minors in Colorado the legal limit is 0.02% or higher. As long as minors are under a 0.05 BAC they will be charged with underage drinking and driving, or UDD. It’s a class A traffic infraction, also known as a “baby DUI”. In many UDD cases, the minor will also be charged with Minor in Possession (MIP) as well.

Remember DUI charges are not just about alcohol impairment. Driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances is also a DUI in Colorado. In these cases, the charges can be more complex and require specialized legal expertise to navigate the court process and defense strategies.

First Steps After a DUI Arrest

The days after a DUI arrest are crucial and can have a big impact on how your case goes. Your best move is to contact a top criminal defense lawyer in your area right away. A Colorado DUI lawyer can give you the information and guidance to help you through what’s coming. Make sure to document everything that happened before and during your arrest. Your defense lawyer may find this information very helpful in building your case.

Get everything in a folder. This includes any paperwork from the police, court dates, and any other relevant info. You may have as little as 7 days to request a DMV hearing for a refusal or breath test. By doing this you can build your defense and increase your chances of a good outcome.

DUI Lawyer

A DUI lawyer is the key to defending against DUI charges. They attack the evidence, protect your rights, and try to get the best result. One common defense is to attack the stop. Did the officer have probable cause to pull you over? If not the stop and any evidence that followed may be thrown out. DUI lawyers also attack the breathalyzer tests which can be wrong due to improper calibration or maintenance.

A DUI lawyer can:

Use their knowledge of the local courts to your benefit

File motions to suppress evidence that was obtained illegally

Cross-examine prosecution witnesses to discredit them

Present your case in the best light

Get through the prosecutor’s objections.

Negotiating plea deals is another part of a DUI lawyer’s job. They can reduce charges or penalties so you’re not overcharged and any sentence is fair. With their knowledge of DUI-specific laws and procedures they can prepare for and counter the prosecution’s strategy and give you the best defense.

Types of DUI

DUIs in Colorado are categorized into several types depending on the circumstances and severity of the incident. These include:

First-time DUIs

Repeat offenses

There are some additional charges that come with aggravated DUIs. These are high BAC, serious injury or death, or having a child in the car.

DWAI

UDD

Vehicular Assault

Vehicular homicide

First-Time DUI Penalty

Time in jail

Fines

Alcohol classes

MADD Victim Impact Panel

Community service

License revocation period

Probation

Restitution for the chemical test or property damage

The sentence depends on the BAC at the time of arrest. For example, a BAC of 0.20% or higher will result in mandatory jail time even on a first offense. All DUI offenders must also complete alcohol education and treatment programs which can be time-consuming and expensive.

Beyond the sentence, a first-time DUI has long-term consequences. It will stay on your driving and criminal record forever which can affect your insurance and job prospects. A good DUI defense lawyer can help you through this and minimize the impact on your life. Beating the case, completing a deferred sentence, or pleading to a charge other than alcohol are the only ways to get it off your record.

Not drinking and not using drugs, not using excessively and not adhering to sobriety monitoring conditions are also part of the court’s requirements for first-time offenders. Meeting these conditions is to avoid further legal trouble and to complete your probation.

Repeat DUIs

Repeat DUIs have much harsher penalties than first-time offenders. People with multiple DUIs face longer jail time, higher fines, and longer license suspension.

A second DUI has a mandatory minimum 10 days in jail plus all other requirements. A third DUI has a mandatory minimum 60 days in jail. A fourth or more DUI is a Class 4 felony which can be 2-6 years in prison and mandatory parole on prison sentences.

Repeat offenders also face collateral consequences such as a lifetime revocation of a commercial driver’s license (CDL), higher insurance rates, community service, alcohol treatment, sobriety monitoring and a permanent criminal record.

Aggravated DUIs

Some DUIs in Colorado have circumstances that make the offense more severe and make the case even harder to resolve. These include high BAC over .20%, having a child in the vehicle (child abuse), or causing serious injury or death (vehicular homicide and vehicular assault). The penalties for aggravated DUIs are much harsher, often longer jail or prison time, higher fines, and more probation.

Colorado DUI Laws and Penalties

Colorado has some of the toughest DUI laws in the U.S. with penalties designed to prevent impaired driving and protect the public. These laws make it illegal to operate a vehicle under the influence of alcohol and/or drugs or with a BAC of 0.08% or higher. The penalties for a first-time DUI are:

Time in jail

Fines

Community service

License revocation

Plus first-time DUI offenders may be required to install an ignition interlock device on their vehicle.

Driving while ability impaired (DWAI) with a BAC of 0.05% to less than 0.08% is an unclassified misdemeanor traffic offense in Colorado. Repeat offenses or DUIs with aggravating factors such as serious injury or death can be elevated to a felony. A first-time refusal to take a DUI chemical breath or blood test can result in a 1-year license revocation.

The only way to avoid a license revocation/suspension for a DUI under Colorado state law is to resolve both the criminal case and the DMV administrative case favorably.

Important: DUIs in Colorado are on your criminal record and driving record forever. This permanent record can have long-term effects on your life including employment difficulties, higher insurance rates and travel restrictions. Understanding the Colorado DUI laws and penalties is key to building your defense and minimizing the impact of a DUI on your future.

How to Choose the Best DUI Lawyer ?

Who to choose?

Is the lawyer a former DA or public defender who has handled thousands of DUIs.

Someone who has a lot of experience in DUI cases in their practice

What percentage of their practice is dedicated to DUI defense so you know they specialize in this area

Are they trained and a member of organizations like the National College for DUI Defense

By considering these factors you will find a good DUI lawyer for you.

When looking at lawyers:

What is their success rate in reducing or dismissing DUIs for clients.

Check references and online reviews from past clients to see what they say about the lawyer.

Meet with several lawyers for free consultations to compare their approach and fees.

Discuss the costs/fees upfront so there are no surprises.

Are you paying hourly? Flat fee? Are payment plans available? Are there additional trial fees?

I highly recommend meeting with potential lawyers in person to discuss their plan for your case and see how you feel about them. You are putting your future in their hands, don’t put that in someone you don’t feel comfortable with.

Why Legal Representation Matters in DUI Cases

Having a lawyer in a DUI case can make all the difference. A good DUI lawyer can:

Get you dismissals, not guilty verdicts and plea deals to reduced charges

Know the court rules and procedures to protect your rights throughout the process

Challenge errors in police reports or charging documents which can be the key to defeating the prosecution’s case

To build the best defense for your case you need to be honest and upfront with your lawyer. Your defense lawyer can:

Navigating the system

Getting the best result

Having a lawyer with experience and knowledge on your side

A good lawyer can also present mitigating factors to the DA and the court.

Common DUI Defenses

DUI defenses often include questio