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Common Defenses

Additional Common Defenses

The attorneys at Rocky Mountain Defenders will make sure you understand all of the charges you are facing and the potential legal consequences.  More importantly though, our qualified attorneys will determine the best course of action to take in your case and fully explain the potential defenses to your criminal charge.  Every case is different, and not all defenses are applicable in a particular case.  The following are examples of the types of defenses our attorneys are accustomed to pursuing in a criminal case.

Miranda Warnings

One of the most common defenses used against a criminal charge is a violation of the "Miranda Warning." Most people understand that they have the right to remain silent if they are suspected of committing a crime.  Law enforcement must advise you of this right if you are in their custody and before they attempt to question you about an allegation.  Our lawyers will look at the facts of your case to determine if any statements you made were coerced or elicited improperly by law enforcement.  If it can be shown that the police deceived or coerced you into making a confession or incriminating statements, or that they did not properly read you the "Miranda Warning," then those statements of guilt and any additional evidence derived as a direct result of those statements, may not be used as evidence against you. There are exceptions to this rule and it is important to speak to one of our qualified defense attorneys about your specific situation.

Warrants and Searches

The Constitution requires that law enforcement must have a signed warrant before they can conduct a search of a person or their property. If you or your property are searched illegally, any evidence derived as a result of the illegal search may not be used against you in court.  There are several exceptions to this rule and an experienced criminal defense attorney can help determine if your rights have been violated.  For example, if you are arrested, an officer can search you for weapons or other evidence, without a warrant.  Furthermore, an officer can search your home in emergency situations, without your consent or without a warrant.  You car can also be searched without a warrant if the officer has a good reason to believe that it contains illegal contraband or evidence.  Because of the complexities involved with illegal searches, it is important to have a skilled attorney evaluate the facts of your case.

Right to Counsel

The Right to Counsel is considered part of the right to a fair trial. If you cannot afford to hire a lawyer, the Government will appoint one for you or pay your legal expenses. When you are in custody, the police must advise you that you have the right to speak to an attorney as soon as it is practical to do so after your arrest. If you request to speak with an attorney, the police may not question you about your case until you have received legal counsel.

Right to Remain Silent

You have the right to remain silent and may request that an attorney be present when you are undergoing police interrogation or questioning. You are only required to identify yourself and do not have to respond to any further questions. Never volunteer information and immediately make known to law enforcement that you wish any discussion to be through your attorney. If you request to speak to a lawyer and your request is denied and the interrogation continues, then any statements of guilt that you make cannot be used against you at a later time.

Lack of "Reasonable Suspicion" to Commence a Stop

Law enforcement must be able to articulate a "reasonable suspicion" to commence a traffic stop.  An officer cannot stop or detain a person based solely upon their race, religion, gender, age, sexual preference or for other arbitrary reasons.

Probable Cause to Arrest

Law enforcement must also demonstrate that there is sufficient probable cause to arrest an individual for the commission of a crime.  In DUI cases probable cause if most often established by an officer's observations (e.g. odor of alcohol, blood shot or watery eyes, slurred speech, etc.) and the subjective evaluations of an individual's performance on Field Sobriety Tests.

Insufficient Evidence

You have has the right to examine all of the evidence that the State will present against you in a criminal case.  That evidence must be gathered correctly, properly preserved, and be sufficient for the State to prove their case against you beyond a reasonable doubt.  The attorneys at Rocky Mountain Defenders are highly qualified and will analyze all of the police reports, witness statements, documents, and other evidence to insure that your rights are protected and to expose any potential weaknesses in the State's case.

The foregoing is not a comprehensive list of possible defenses but hopefully demonstrates that it is worth the time and investment to have an experienced attorney to properly analyze your criminal case.  Please contact our office at 1-801-550-1455 and we will get started on your case today.  We are available 24 hours a day, seven days a week, and you will hear back from us in 30 minutes -
/  Common Defenses
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