Know Your Rights
A Mistake Shouldn't Cost Your Future
Most of the people who come to Clawson & Clawson, LLP for help after
being arrested for a crime are not hardened criminals-they are ordinary
people who have simply made mistakes which they regret, or who have been
falsely accused of a crime they didn't commit.
Even if you do have a criminal background, we want to help you clear up
this situation so that you are not subjected to unnecessarily harsh consequences.
We believe that everyone deserves a second chance, and it is our goal to
ensure that you receive a fair trial and that your rights are upheld throughout the
criminal process. One of the first steps preparing your defense is to ensure that you understand
your rights in the situation and know how to exercise them to your advantage.
Many people in your situation do not understand their rights, and this
ignorance leads them to make serious mistakes which can make it difficult-or
impossible-to effectively defend against the charges.
Unreasonable Search and Seizure
Under the Fourth Amendment to the Constitution, you have a right against
unreasonable search and seizure. Unless a police officer has a warrant
or can demonstrate that there is probable cause to suspect that you have
committed a crime, you cannot legally be subjected to a search. This includes
a search of your pockets, your person, your bag, your vehicle or your
home. The Fourth Amendment is one of the most important rights of a U.S.
citizen, as it grants privacy and security against the government. This
right can frequently be used to defeat a
drug possession charge by exposing the fact that the police officer violated your right
against unreasonable search and seizure. The same is often true of
internet crime cases in which the suspect's computer or email was investigated without
Your Right to Remain Silent
Nearly anyone has heard a police officer on television or in a movie reading
a suspect the Miranda warning, which begins with "You have the right
to remain silent." This vital right stems from the Fifth Amendment,
which secures you against self-incrimination. You do not have to testify
against yourself, and this includes making statements to the police at
the time of arrest or during questioning with investigators. The fact
that you choose to "plead the Fifth" cannot be used against
you-the prosecution cannot use the fact that you have chosen to remain
silent as evidence of your guilt. Exercising this right is of the greatest
importance because, as the Miranda warning states, "anything you
say or do may be used against you in a court of law."
You Have a Right to an Attorney
It is easy to feel like you are all alone after an arrest-after all, the
police and the District Attorney are acting on behalf of the State of
Colorado in prosecution against you. They are teamed up to build the case
against you and are actively working to have you convicted and placed
in jail or prison. Fortunately, you have a right to hire an attorney to
represent you and level the playing field with the prosecution.
We can stand by your side during questioning, advising you of what to say-and what
not to say-as well as speaking on your behalf with the authorities and working
to safeguard your personal interests. We can subpoena witnesses and evidence,
scrutinize the prosecution's evidence and fight to prove that you are
innocent of the charges. Take the first step now by contacting us for
a free consultation.
We know what an overwhelming experience this may be for you, and are ready
to put our 100 years of combined experience to work for you.