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.

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 DUI or 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 a warrant.

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.