Edward J Nugent
Nugent & Palo LLC
The government has enormous power in any criminal case.
A citizen accused of a crime has only the rights guaranteed by law to balance the enormous power of the government.
A criminal defense lawyer must be the voice of that citizen in effectively exercising those rights. It is the criminal defense lawyer who stands between the potentially crushing power of the government and the individual citizen accused of a crime.
Being charged with a ciminal offense is a frightening event for most. A lawyer must take the time to understand the person the lawyer is representing. Without taking the time to know the client and understand the client, a lawyer cannot expect to ever be an effective advocate for the client. A criminal defense lawyer does not represent a case; the lawyer represents a human being.
WHAT TO DO IF CONTACTED BY POLICE
If contacted by the police you have the right to remain silent. You have the right to talk with a lawyer.
If you find yourself being advised of these rights by law enforcement, then use them. Tell them clearly and unequivocally that you do not want to talk or answer any questions without a lawyer. Persist in saying this no matter what the officer may say or do.
CALL A LAWYER AS SOON AS YOU ARE ABLE
These rights are important. They are constitutional. You have them only if you use them.
It's your freedom. It's your future. Protect your liberty.
What to do in a Traffic/DUI Stop
In a traffic stop you may be required to produce a driver's license, vehicle registration and proof of insurance. You may also be required to answer basic questions regarding your identity.
You do not have to admit you were driving. You do not have to answer any questions about drinking. You can assert your right not to incriminate yourself and say you want a lawyer before answering any questions. Saying you won't talk, cannot be used against you.
In Colorado you have the right to refuse to participate in any roadside tests, such as having the officer look in your eyes, walk a line, stand on one leg or any thing else. If you refuse, the refusal may be considered as evidence of guilt at trail, but what the officer says you did or didn't do on those test will surely be used against you a trial or with the DMV. Your performance on the roadside tests is often used by the officer to justify your arrest and the demand that you submit to a test of your breath or blood.
In Colorado you are required to submit to a breath or blood test, if the officer arrests you and advises you that you may choose a breath or blood test you must choose one or the other. A refusal to take a test may cause a lengthy revocation of your privilege to drive. The results of the breath or blood test may result in a revocation of your privilege to drive, but not as severely as a refusal to take a breath or blood test. The test results or refusing to take a test may also be used as evidence in your prosecution.
