What are my Miranda Rights?
“Miranda” rights were stated by the United States Supreme Court in the case of Miranda v. Arizona and have been further developed in many subsequent cases. Those rights apply for people who are in custody and are being questioned by the police. The rights are usually stated as:
- You have the right to remain silent.
- Anything you say can be used against you in court.
- You have the right to talk with an attorney and have him present with you while you are being questioned.
- If you cannot afford to hire an attorney, one will be appointed to represent you before and during any questioning.
What are my rights if I am accused of a crime?
You have the absolute right to the have an attorney represent you at every stage of the criminal proceedings. You also have the following rights:
- to have a reasonable bond set in your case;
- in certain cases, the right to a preliminary hearing within 30 days of your first appearance in court;
- in most cases, the right to a jury trial;
- to make the prosecutor prove each and every element of the offense beyond a reasonable doubt;
- to cross examine the state's witnesses;
- to subpoena witnesses on your own behalf;
- to testify or not to testify yourself;
- to appeal any decision by the judge.
The police didn’t read me my rights; can my case be dismissed?
The police do not have to read you your rights unless you are in police custody and are being questioned by the police. However, you don’t have to be locked up in a jail cell to be “in custody” and you don’t have to be involved in a formal interview with the police to qualify as being questioned or interrogated. You should consult with our criminal defense attorneys about what this means for your case.
How long will the Protection Order against me last?
Colorado state law requires that a Mandatory Protection Order be entered in every criminal case. That protection order may prohibit you from having any contact with the victim and/or witnesses in your case. The protection order will remain in effect until your case is completely over. It will last as long as any sentence you receive in the case.
What should I do if I am arrested?
The police will ask you questions during the “booking” process. You should answer all questions about your identity truthfully. If the police ask you questions about the crime or the event that caused you to be arrested, you should politely tell them that you wish to talk with your attorney first.
What should I do if a friend or family member has been arrested?
Get as much information from your loved one as possible. You need to know when he was arrested, what law enforcement agency arrested him, where he is being held, what charges have been made against him, whether bail has been set and how much it is, and his full name, date of birth, and social security number. This information is vital in being able to help get bond/bail posted for your loved one.
What are the possible penalties I am facing?
Felony Sentencing Presumptive Ranges
for Crimes Committed on or After July 1, 1993
|
Felony Class |
Minimum Sentence |
Maximum Sentence |
Mandatory Parole |
|
1 |
Life |
Death |
None |
|
$0 |
$0 | ||
|
2 |
8 years |
24 years |
5 years |
|
$5,000 |
$1,000,000 | ||
|
3 |
4 years |
12 years |
5 years |
|
$3,000 |
$750,000 | ||
|
4 |
2 years |
6 years |
3 years |
|
$2,000 |
$500,000 | ||
|
5 |
1 year |
3 years |
2 years |
|
$1,000 |
$100,000 | ||
|
6 |
1 year |
1.5 years |
1 year |
|
$1,000 |
$100,000 |
Misdemeanor Sentencing Presumptive Ranges
|
Misdemeanor Class |
Minimum Sentence |
Maximum Sentence |
|
1 |
6 months |
18 months |
|
$500 |
$5,000 | |
|
2 |
3 months |
12 months |
|
$250 |
$1,000 | |
|
3 |
No minimum |
6 months |
|
$50 |
$750 |
What are the penalties for DUI / DWAI?
|
Charge |
Possible Jail Term |
Minimum Mandatory Jail Term |
Fine |
Community Service |
License Suspension |
|
DWAI - 1st |
2 days to 180 days |
None |
$100 to $500 |
24 to 48 hours |
3 months |
|
DWAI - 2nd |
45 days to 1 year |
5 days |
$300 to $1,000 |
48 to 96 hours |
1 year |
|
DWAI with prior DUI |
60 days to 1 year |
6 days |
$400 to $1200 |
52 to 104 hours |
1 year |
|
DUI - 1st |
5 days to 1 year |
None |
$300 to $1000 |
48 to 96 hours |
1 year |
|
DUI with prior DWAI |
70 days to 1 year |
7 days |
$450 to $1500 |
56 to 112 hours |
1 year |
|
DUI with prior DUI |
90 days to 1 year |
10 days |
$500 to $1500 |
60 to 120 hours |
1 year |
