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MCCLUSKEY LAW OFFICE
MCCLUSKEY LAW OFFICE is a criminal defense law office dedicated to protecting the rights of individuals charged with crimes. M. E. McCluskey, Esq. is available to represent clients charged with FELONIES and or MISDEMEANORS in Arvada, Aurora, Bennett, Beyers, Boulder, Breckenridge, Brighton, Broomfield, Castle Rock, Centennial, Cherry Creek, Denver, Edgewater, Engelwood, Federal Heights, Fort Collins, Fort Lupton, Fort Morgan Greeley, Greenwood Village, Frederick, Highlands Ranch, Kiowa, Lakewood, Lakeside, Littleton, Lochbuie, Lodo, Longmont, Louisville, Loveland, Northglenn, Parker, Platteville, Sheridan, Strasburg, Thornton, Telluride, Vail, Watkins, Westminster, Wheat Ridge, Windsor, Front Range communities and ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, CLEAR CREEK, DENVER, DOUGLAS, EL PASO, GILPIN, JEFFERSON, LARIMER, and WELD counties.
FAQs - FREQUENTLY ASKED QUESTIONS
Do I have to talk with the police when I get stopped?
For a traffic stop, you need to provide a driver's license, registration and proof of insurance. Aside from providing that information, you do not need to talk to the police. You have the right to remain silent. The police are allowed to deceive you in order to build the case against you. The police are allowed to engage you in casual conversation and/or deceive you into thinking they are your friend. A common tactic used is to promise favorable treatment if you cooperate. The police or detective have no authority to give you favorable treatment, only the District Attorney can negotiate that with your attorney. It is your 5th Amendment right to remain silent.
Do I have to talk with a Detective over the phone when he is conducting an investigation?
No. Detectives are allowed to contact suspects over the phone. Since the suspect is not in custody the detective is not required to advise the suspect of his Miranda rights. If police contact you by phone as a possible suspect you have the right to refuse to answer and hang up.
Do I have to give consent to search?
No. Ordinarily, without a search warrant or your consent, the police cannot search your home. There are exceptions: One exception is if police are in “hot pursuit” or chasing after a suspect, they may enter a private dwelling to search for criminals who they believe are fleeing the scene of a crime. In certain circumstances the police do not need a search warrant. If you agree to the search, then it’s consensual and the police are not required to get a warrant. If a person is placed under arrest, the police may search the person and immediate surroundings. The police don’t need a warrant if they have fear that their safety, or that of the public, is in imminent danger. If the police have observed illegal items or contraband and has a belief that the items, potential evidence, might disappear or be destroyed they do not need a search warrant.
Why didn't the officer read me my 5th Amendment "Miranda" rights?
Officers are required to read you your rights when you are in custodyand they are interrogating you. If you are not in custody and you voluntarily engage in a conversation with the police they are not required to read you your rights. If you gave a statement while in police custody, without being read your rights during custodial interrogation, you may have a valid issue with the evidence and whether or not it may be used against you.
What can a lawyer do for me?
A lawyer negotiates on your behalf with the prosecuting attorney. If you are wrongly accused, the lawyer points out valid defenses to the charge. If the prosecution refuses to dismiss the matter, then you proceed to trial. A careful analysis of the evidence against you as well as the evidence you can present at trial is very important in deciding whether to proceed to trial. A lawyer helps you with these decisions. If you are guilty as charged, the lawyer can personalize your situation to the prosecutor by explaining mitigating circumstances. A prosecutor can often be convinced to lesson the charges and possible penalties.
What is a motions hearing?
A motions hearing is a hearing held before trial. The defense often files motions to suppress evidence from being introduced at trial. The Court will suppress evidence when the police obtain the evidence in violation of your Constitutional rights. Evidentiary issues are heard prior to trial to determine what evidence will be heard by a jury. The prosecution files motions to see what evidence they are permitted to use against the defendant. The prosecution may also file motions to add charges or to attempt to introduce evidence of other bad acts by the defendant. The motions hearing is an opportunity to preview and cross examine witnesses that have been endorsed by the prosecution who will be testifying at trial.
Do I have to go to trial?
No, but it is your constitutional right to demand a trial and make the prosecutor prove the case against you beyond a reasonable doubt before a jury of your peers. You have the right to a speedy trial within 6 months of entering a not guilty plea, §18-1-405. In most cases, the prosecutor will offer some type of plea bargain. Whether you take the plea bargain is always your decision. A lawyer can help negotiate the best plea bargain and negotiate terms of the plea.
Do I have to take the plea bargain?
No. §18-1-402. Presumption of innocence - Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. That presumption remains with you until the prosecutor proves you guilty beyond a reasonable doubt to a jury. It is the accused's decision as to whether to take a plea bargain or go to trial.
What are some of the potential consequences if the accused is found guilty or pleads guilty to a felony?
POTENTIAL CONSEQUENCES OF A FELONY CONVICTION
1. ARE YOU EMPLOYED?
Many companies refuse to hire convicted felons. Felony convictions for those employed in certain professions will result in loss of license and or certification to work in one's chosen field.
2. ARE YOU RECEIVING ANY PUBLIC BENEFITS?
A felony conviction bars a person from receiving welfare putting the individual at risk of losing critical support for one's self and family. Social Security Disability Benefits will cease while you're incarcerated. However, you may re-apply for SSDI just prior to being released from prison.
3. ARE YOU RENTING AN APARTMENT?
Many landlords and property owners refuse to rent to convicted felons.
4. DO YOU OWN ANY FIREARMS?
Any felony conviction or misdemeanor with a domestic violence factual base will result in a permanent bar to owning a firearm.
5. ARE YOU INTERESTED IN A MILITARY CAREER?
Acceptance in the services depends on recruiting needs. The recruiter and not the applicant makes the decision as to whether or not apply for a waiver. The army has the highest number of waivers of moral character. A felony conviction can narrow your choice of what branch of the service you want to enlist in.
6. DO YOU HAVE PLANS ON GETTING A GRANT TO CONTINUE YOUR EDUCATION?
A felony conviction bars a person from receiving a Pell Grant.
7. ARE YOU INTERESTED IN WORKING AT A SCHOOL?
Anyone who gets a felony drug or DV assault conviction is ineligible for any job with a school (even janitor or school bus mechanic) for at least 5 years after the conviction.
8. ARE YOU A REGISTERED VOTER?
A person convicted of a felony loses the right to vote if sentenced to a prison term and does not regain it until completion of parole.
9. ARE YOU A CITIZEN OF THE UNITED STATES?
If you're a non-citizen and charged with certain crimes you may be at risk of being deported and/or being found inadmissible.
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