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Timothy Kelly & Associates, LLC  -  Attorneys & Counselors at Law
       600  17th Street, Suite 2800 South, Denver, Colorado 80202;   303.820.0840

 

VITAL INFORMATION ON

WHAT TO DO AND WHAT TO EXPECT

IF YOU ARE ARRESTED

If you've been arrested, make  no  statement to anyone.

Exercise your fundamental, Constitutional Right to a Lawyer!  Tell your arresting officer that you want to speak to your lawyer.  Then make no other statements to anyone. 

Do NOT speak to a "cell mate" about your case, charges or facts.  Do NOT speak to anyone about anything UNTIL you speak to your Attorney.

 You are special and your case is unique.  What seems to you like the smallest, most insignificant of facts may mean a great deal to an experienced trial lawyer.   Surgeons wouldn't try to perform surgery on themselves, and you shouldn't try to represent yourself as a lawyer in a court of law.  Years of specialized training, study and experience have prepared our attorneys to handle your case the way it needs to be handled to obtain the best results possible for you, our Client.

If you've been arrested, you'll first hear an informal presentation of the charges against you at the booking desk at the jail.  Colorado law requires that the arrested person shall be taken without unnecessary delay before the nearest available county or district court.  This will be your first formal opportunity to hear the charges against you from a judicial officer.  Your next formal court appearance will be your Arraignment Hearing a few weeks later.

At your first appearance in court, it is the judge's duty to inform you of the nature of the charges against you and to make certain that you also understand the following:

  • You need MAKE NO STATEMENT and any statement made can and will be used against you.
  • You have the right to an attorney.
  • If indigent, you have the right to request the appointment of counsel or to consult with the public defender before any further proceedings are held.
  •  Any plea you make must be voluntary and not the result of undue influence or coercion.
  • You have the right to bail, if the offense is bailable (only First-Degree Murder and certain Domestic Violence matters are not), and the right to know the amount of bail that has been set by the court.
  • You have the right to a jury trial
  • You have the right to demand and receive a Preliminary Hearing within a reasonable time to determine whether probable cause exists to believe that you really committed the offense for which the police charged and arrested you.

The U.S. Constitution contains a listing of personal rights guaranteed to each individual.  One of the most important is the right to Due Process.  This right is based on the concept that laws and judicial proceedings must be fair.  The constitution guarantees that the government cannot take away an individual's personal rights without due process of law.  Courts have issued a great many rulings on what "due process" means. 

If you feel you've been denied Due Process, contact us immediately.  You need an attorney who knows what he's doing and knows how to get results for you.  Timothy Kelly is dedicated to working for the best possible outcome to your case.

Find out at your free initial half-hour consultation what the Law Firm of Timothy Kelly  - Attorney & Counselor at Law can do for you.   Call 303.820.0840

Click on the FAQs Link for more information.

 

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Copyright 2009 Timothy Kelly & Associates, LLC - Attorneys & Counselors at Law
Last modified: 02/28/11

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