Facing criminal charges in Colorado? Free consultation, available 24/7.

(719) 259-2012
76 connections
Legal concept

Miranda Rights

The constitutional rights read to a suspect upon arrest, including the right to remain silent and to an attorney.

What Right Law Group attorneys say

what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
The sixth mistake I see is too often giving up and pleading guilty too quickly. A DUI charge does not mean automatic conviction. There are numerous defenses that can be explored. For instance, illegal traffic stops, improper field sobriety test administration, breath test errors or calibration issues, blood test contamination, rising BAC, medical conditions that could affect the results, violations of Miranda rights, and procedural stakes by law enforcement. Every case deserves a thorough investigation before you consider any plea agreement. I've seen charges reduced or even dismissed in cases that initially looked hopeless.
Alexis Austin Litle · 7 DUI Mistakes That DESTROY Your Case in Colorado (Avoid These NOW)Watch clip ↗
The sixth mistake I see is too often giving up and pleading guilty too quickly. A DUI charge does not mean automatic conviction.
Alexis Austin Litle · 7 DUI Mistakes That DESTROY Your Case in Colorado (Avoid These NOW)Watch clip ↗
Do the cops have to renew your rights, your Miranda rights? Interestingly, the answer is no, you do not have in every case, the right to be read your rights. Most people understand the idea of Miranda rights or they understand that when they're arrested, they have to be told you have the right to remain silent, you have the right to have an attorney all of these rights. And you have the right to be told that anything you say can and will be used against you in a court of law. What a lot of people don't know is you don't have to be read your rights.
Alexis Austin Litle · The Cops Never Read Me My Rights!! // Right Law GroupWatch clip ↗
The Miranda rights came about from a case it's a Supreme Court case, the United States Supreme Court case, Miranda versus Arizona and the holding of the US Supreme Court had was that if police are going to ask you questions. And this is a key that are designed to elicit an incriminating response, then they have to advise you of your rights under the US Constitution. But if police are not going to ask you questions designed to elicit incriminating responses, they don't have to read you your rights.
Alexis Austin Litle · The Cops Never Read Me My Rights!! // Right Law GroupWatch clip ↗
A question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incriminating response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read.
Alexis Austin Litle · The Cops Never Read Me My Rights!! // Right Law GroupWatch clip ↗
View all 13 clips ›

Frequently asked questions

At what point during police questioning do my Miranda rights actually kick?

Alexis explains: "Police can ask you investigative questions, they can ask you basic questions to decide if this is a case. But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in."

Answered by Alexis Austin Litle · Watch clip
Can I be charged with a DUID in Colorado for medication my doctor prescribed me?

Right Law Group's guide explains: "Key Findings on Prescription DUID Charges If you’re facing a DUID (Driving Under the Influence of Drugs) charge in Colorado involving medication prescribed by your doctor, you are likely feeling shocked, confused, and unfairly targeted."

Source · Read guide
Can I handle criminal procedure in Colorado on my own, or is it too complicated to manage alone?

Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."

Source · Read guide
Can my criminal defense attorney challenge the evidence prosecutors have against me before trial in Colorado?

Right Law Group's guide explains: "Challenging the Evidence Against You Before Trial / Surviving Arrest In CO Challenging the Evidence Against You Before Trial One of the many services your criminal defense attorney can provide for you is to challenge the evidence that prosecutors have against you."

Source · Read guide
Do the cops have to renew your rights, your Miranda rights?

Alexis explains: "Do the cops have to renew your rights, your Miranda rights? Interestingly, the answer is no, you do not have in every case, the right to be read your rights. Most people understand the idea of Miranda rights or they understand that when they're arrested, they have to be told you have the right to remain silent, you have the right to have an attorney all of these rights. And you have the right to be told that anything you say can and will be used against you in a court of law. What a lot of people don't know is you don't have to be read your rights."

Answered by Alexis Austin Litle · Watch clip
How can an argument between spouses or relatives turn into a domestic violence charge?

Right Law Group's guide explains: "When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge ."

Source · Read guide
How can I beat a DUI,, and surrounding Colorado counties?

Right Law Group's guide explains: "How to Beat A DUI In El Paso, Douglas, Arapahoe and Surrounding Counties Stuck dealing with a DUI arrest and wondering how to beat a DUI in Colorado?"

Source · Read guide
I was arrested but never read my rights, so does that mean there was a violation in my case?

Alexis explains: "So if you have a case where you were arrested and never read your rights, you may have a violation or you may not. So if you're arrested, and they just haul you off to jail, and you don't say anything, they don't ask you any questions. There's no violation there. If they arrest you, and you just start spouting off at the mouth saying all kinds of things and they didn't ask you any questions. You yourself you are just voluntarily giving information. But if they put you in handcuffs, they're taking you to jail and then they start asking you questions about what happened. That is where they have to read your rights. The best thing you can possibly do for yourself is have an experienced criminal defense attorney look at your case."

Answered by Alexis Austin Litle · Watch clip
I was charged with a crime - how can a local criminal defense lawyer protect my rights?

Right Law Group's guide explains: "When you are charged with a crime, the expertise of an experienced Colorado criminal defense lawyer becomes invaluable. The local attorneys at Right Law Group can guide you through the legal process and protect your rights."

Source · Read guide
I was just arrested for attempted murder and think it is a mistake - what should I do?

Right Law Group's guide explains: "” Your mind races, thinking this must be some mistake. But as officers put you in handcuffs and recite your Miranda rights, reality sets in – you’ve been arrested for attempted murder."

Source · Read guide
I've been accused of a crime in Colorado. What penalties should I expect if a prosecutor pursues a conviction?

Right Law Group's guide explains: "Colorado criminal charges are frightening for people to experience, especially for those wrongfully accused of a crime. Knowing what to expect from a penalty standpoint can help you understand the gravity of your situation and what the future could look like if a prosecutor pursues a conviction."

Source · Read guide
If an officer asks how much I have had to drink during a DUI stop, do I have to answer?

Alexis explains: "what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you"

Answered by Alexis Austin Litle · Watch clip
Shoplifting Charges in Colorado: When Does It Become a Felony?

Right Law Group's guide explains: "If you or someone you know has been accused of shoplifting in Colorado Springs, Castle Rock, Denver, Highlands Ranch, or surrounding areas including Teller county and southern Colorado, understanding the potential consequences is essential."

Source · Read guide
What did Alexis Austin discuss about criminal defense and arrests on the Ask the Expert podcast?

Right Law Group's guide explains: "Alexis Austin on Ask the Expert with Steve Sleeper Last week Attorney Alexis Austin joined Steve Sleeper on his podcast Ask the Expert to talk about her experience as a criminal defense lawyer here in Colorado Springs, as well as what to expect following an arrest and the impact COVID – 19 has had on the court systems."

Source · Read guide
What does being in custody mean, and when does that trigger my Miranda rights?

Alexis explains: "But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in."

Answered by Alexis Austin Litle · Watch clip
What happens during a drug charge arrest in Colorado, and what are my rights?

Right Law Group's guide explains: "Getting arrested for drug charges in Colorado can be frightening and confusing. Whether you’re facing charges for fentanyl possession , marijuana violations, or other controlled substances, understanding the arrest process and knowing your legal rights is essential to protecting your future."

Source · Read guide
What should I keep in mind when dealing with the police to keep the interaction from escalating?

Right Law Group's guide explains: "When dealing with the police, there are several things you should keep in mind in order to help keep the interaction from escalating."

Source · Read guide
What two factors decide whether police are required to read me my Miranda rights?

Alexis explains: "it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read."

Answered by Alexis Austin Litle · Watch clip
Where do Miranda rights come, and when do police have to read them to me?

Alexis explains: "The Miranda rights came about from a case it's a Supreme Court case, the United States Supreme Court case, Miranda versus Arizona and the holding of the US Supreme Court had was that if police are going to ask you questions. And this is a key that are designed to elicit an incriminating response, then they have to advise you of your rights under the US Constitution. But if police are not going to ask you questions designed to elicit incriminating responses, they don't have to read you your rights."

Answered by Alexis Austin Litle · Watch clip
Who can I safely talk to about my side of the story after I have been charged with a crime?

Alexis explains: "If you have been charged already with a crime, do not say anything to anyone except your lawyer. Because and again, do not tell your side of the story to anyone, cops, friends, neighbors, Mom, no one, do not tell your side of the story to anyone except your criminal defense attorney. The reason for that is, I'm sure you all heard in the videos and movies and everything else, the Miranda rights thing, you have the right to remain silent."

Answered by Alexis Austin Litle · Watch clip
Why can telling my side of the story be used against me in court?

Alexis explains: "Anything you say can and will be used against you in a court of law. That even means if you're telling your side of the story, because what happened, we have another video where we talked about talking with the police. But what happens is people's memories change, people get flustered."

Answered by Alexis Austin Litle · Watch clip
Will the police report in my domestic violence case include my full side of the story?

Alexis explains: "the easiest thing to do is just to listen to the client i mean that is something that um law enforcement doesn't do the greatest job of and if they do they're only talking to somebody to pick out the little things that they can do to use against them um you know that's some of those rights that he gets anything that you can say canada will be used against you and that's what it is you're not you're not going to have when you're reading these police reports you're not going to have a full accounting of what is actually said um by the the defendant you're going to have the little snippets picked out that they think that they can use against them"

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

22 answers grounded in Right Law Group sources

Related charges

Related concepts

What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
Read the full review ›
The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
Read the full review ›
View all testimonials ›

Related blog posts and resources