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Evidence

Constitutional Rights

Don't Argue with Police
There is nothing to be gained from being offensive or confrontational with the police. First, you shouldn’t be talking to them to begin with. And second, making offensive remarks, cursing, or calling them names will only aggravate your case in the eyes of the District Attorney and the judge later on in court. You should always comply with the officer if he intends to arrest you.

Avoiding the Police in Colorado Can Be Used Against You
Running from the police, or doing things to avoid them, can be used by the District Attorney as evidence that you are guilty of the crime you have been charged with. The most famous example is the car chase in the O.J. Simpson case, which was admitted into evidence at trial by the prosecution team. The famous car chase, along with Simpson’s departure from L.A. immediately after the murder, was considered by many to be among the strongest pieces of evidence for the prosecution.

How to Deal with Colorado Police Officers

DO NOT TALK TO THE POLICE
If you don't remember anything else, don't forget this! The police will use every tactic you can imagine to get you to talk to them. This is because your statements are additional evidence that they can use against you later. They will try to intimidate you, or they'll try to make you think they're your best friend. Your right to remain silent is absolute. Use it. You are only required to tell them who you are and where you live. You may say something that you think is harmless at the time, but turns out to hurt you later if it conflicts with some of the other evidence in your case. Don't be intimidated. Remain silent.

Be aware that the police will lie to you to get you to talk. Believe it or not they're allowed to do this. They will say things like "we know you did it," or "your buddy already confessed," or something along those lines. Don't let them fool you, remain silent.

PoliceKeep in mind that the police officer, detective, or even the police captain have no authority to promise you favorable treatment if you "cooperate." Only the District Attorney has the power to make that offer. The deals involving cooperation should only be negotiated between your attorney and the District Attorney.

If you are arrested and placed in jail, be sure not to talk about your case over the phone since you may be recorded. Also, don't talk about your case with any of the other inmates, as they may have an incentive to help the District Attorney in order to get a good deal for themselves.

DO NOT GIVE CONSENT TO SEARCH
Police or detectives are not allowed to search your home unless you give them consent to do it. (If they have a search warrant, there isn’t much you can do.) Here again, don't be intimidated into giving consent.

WATCH OUT FOR THE RECORDED PHONE CALL
The police may get someone to call you and record what you say. They may have the alleged victim in your case call you and say, "I think they know you did it," or something like that. You should not respond to a statement or a question like that. Hang up the phone. The same type of call may come from a co-defendant (someone else who has been charged with the same offense). The co-defendant may be working with the police in order to get a good deal themselves. Once again, don't answer and hang up.

Retain a criminal defense attorney immediately.