Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.

        In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.

        Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  The best way to be careful what you tell or say to other persons is to only speak to your defense attorney or the attorney's private investigator.

        Website visitors who are not my clients should consult with your attorney before talking.  My clients are advised not to discuss facts, law or trial strategy in any criminal offense or traffic offense investigation or proceeding with anyone other than myself as legal counsel or my private investigator retained as my agent, who is covered by the attorney - client privilege.

When the police contact you, don't try to explain the circumstances.  Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence. 

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

        DUI CASES.  DUI roadside sobriety testing is a search in the constitutional sense which can and should be refused whether intoxicated or stone cold sober.  Law enforcement officers have no obligation to advise you of your right to refuse roadside testing, but it exists - a simple no and request for counsel works quite well.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, that you exercise your right to remain silent and request presence of an attorney.  Do not agree or consent to any search or seizure.
 
        You have the right to remain silent in court and the right to presence of defense counsel for all court proceedings.  If you have not yet retained but plan to do so, advise prosecutors and the judge that you exercise your right to remain silent and want an attorney present with you.  Do not discuss the facts of your case and do not make any admissions.  Ask the court for additional time to hire counsel.
 
        You have the right to presence of and advice of defense counsel.  Assertion of your rights may be done in a courteous manner, but exercise your rights.  Don't cave in to your fears or to your preconceptions of "what you are required to do."

        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If your ticket in in this court, counsel must prepare for trial; trial fees and costs would be quoted.

        Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay regarding traffic infractions and minor traffic offenses.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.