Miranda Rights

Denver Criminal Defense Attorney Andres R. Guevara Will Protect Your Rights in Cases Statements, Confessions, and Your Miranda Rights

Under the Fifth Amendment of the United States Constitution, an individual has the right not to incriminate him- or herself. The United States Supreme Court has held that, in order to comply with the Fifth Amendment, an individual who is in custody and being interrogated must be provided their Miranda warnings.

If law enforcement does not provide a defendant who is undergoing custodial interrogation their Miranda warnings, the prosecution may not use any statements obtained from that custodial interrogation in the prosecution's case in chief at trial. Being in custody does not necessarily mean that an individual is in handcuffs or at a police station. Whether a person is in custody for purposes of Miranda is determined by whether a person has been deprived of their freedom in a significant way. If law enforcement officers have not complied with their obligations under Miranda, a defendant may bring a motion to suppress the statements.

Even if a defendant has not been provided their Miranda rights, any statement made by a defendant may not be introduced into evidence at trial unless the statement was made voluntarily. In other words, a coerced confession may not be used against a defendant. It is the prosecution's burden to demonstrate that an individual knowingly and intelligently waived their privilege against self-incrimination. A motion to suppress can be brought on the basis that either the waiver of Miranda rights was not voluntary, or that it was not knowing and intelligent.

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To discuss your case with me, lawyer Andres Guevara, call 888-265-0044 or fill out the contact form below. My law office is in Denver.

• People v. M.K. (2011): Client charged with felony stalking and violations of orders of protection. Client acquitted of all counts.
• Araphoe County Attempted Murder trial, client accused of attempting to kill four individuals. Client acquitted of felony charges including all counts of Attempted Murder and client released.
• P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
• P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
• P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
• P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
• P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
• P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
• P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
• P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
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