Pre-Text Phone Calls
If you are facing potential criminal charges you should not speak to anyone on the phone regarding these allegations. The Police are Listening!! In most cases, the police will have the victim, the victim’s parents or friend contact you regarding the allegations. The caller will attempt to get you to apologize or admit to some wrongdoing. Many people apologize to simply get the caller off the phone, thinking that this will resolve the issue. In these cases the apology will be used as a confession in a court of law. These conversations do not fall under entrapment and are not constitutionally protected in most case. You have to protect yourself, do not talk to anyone!!
Do Not Agree to Take a Polygraph Exam, EVER!! Although the results are not admissible in a court in Colorado , the results will be used by the police as a tool to intimidate and frighten you. Most people charged with unlawful sexual offenses can not pass a polygraph exam, even when they are innocent. Refusing to submit to a polygraph exam, cannot be used against you.
The Police Are Liars!! The Police are authorized and trained to lie to you in order to secure a confession. They may claim to have DNA evidence, photographs, video tapes or any other media/physical evidence that may simply not exist. The police will routinely lie about the statements made by the victim, and the extent of the victim’s injuries. The police may also claim to have eye-witnesses that they simply do not have. They will promise that your sentence will be less harsh with a confession and they have also threatened to remove children from the home if you refuse to confess. If they feel that they can not get a full confession, the police will try and get you to admit to the possibility of accidental contact or touching. In short, the only option they will leave you is to confess.
Sex Offender Probation is extremely difficult to complete!! We see many people in our office who have accepted a sentence to probation not understanding that they will be completely removed from their family and they must admit to the offense. If they do not admit to the offense they face revocation from probation and a prison sentence for failure to complete treatment. Do not let ANYONE tell you that Sex Offender Probation is Easy!! On Probation you will be required to do the following: Complete Sex Offender Treatment this usually takes a minimum of 4 years. You may be Restricted from Contacting anyone under the age of 18. This restriction applies even if there was no child involved in the case. This restriction also includes any and all family members even if they are not a party to your case. You will have to submit to Polygraph Examinations regarding your past and present conduct. Failure to past these polygraphs can prolong Sex Offender Treatment. Failure to pass polygraphs could potentially lead to revocation from probation under failure to complete treatment.
In most sex offense cases there is usually little physical evidence. Do not allow the police to intimidate you with the assertion that they have physical evidence.
ASKING FOR A LAWYER
If you request a lawyer the police must stop questioning you. However, you must be very clear in this request. I WANT A LAWYER!!! If you ask if you should get a lawyer or say maybe you should get a lawyer they can continue and in many cases try to convince you they just want to chat and know both sides of the story. Make no mistake they are building a case and your side of the story is only important to see if they can poke holes in it and get you to commit to facts. YOU HAVE THE RIGHT NOT TO TALK TO POLICE…. USE IT! Your silence can never be mentioned to a jury or even hinted at by the prosecution but if you speak to them they can pick apart every word you said while in a very terrifying and uncomfortable position. You have to be very clear. I WANT A LAWYER. Nothing less will make them stop an interrogation!
READING YOUR RIGHTS?
I am asked over and over if it was ok that police never read me my rights. The answer unfortunately if probably yes. The police only have to read you your rights if:
1. They place you in custody
2. They want to question you
The definition of custody is complex. However, simply it hinges on would a normal person feel they could simply walk away. Thats why they always tell you the door is unlocked, they offer drinks and access to the restroom and they “say” you are free to leave.
One of the new tactics is to come to your home and question you there. Recent cases have told the police that the courts don’t consider you “in custody” if you are in the comfort of your own home. Be careful!