It is not only criminal defendants that have been formally charged with a crime that have 5th Amendment rights. Witnesses called to testify in the trial of another person may also have 5th Amendment rights. What is the 5th Amendment Right? The right to remain silent, or right against self-incrimination, is found in the 5th…
It is a general rule of law that attorneys are not permitted to impede the investigations of witnesses conducted by other lawyers. This is particularly true in criminal law, where depositions are generally not conducted. Example of Lawyers Impeding Investigations The following is an example of a lawyer improperly interfering with the investigation of another…
Lawyers in a criminal case (the prosecutor and the defense attorney) cannot encourage witnesses from refusing to speak to the other lawyer about the case. However, as one court said, “[i]ndeed, witnesses have a choice whether to speak with counsel […]” about what they have seen and heard. Nonetheless, it is improper for an attorney…
The attorney-client privilege is intended to protect the client in the attorney-client relationship. Its purpose is to encourage clients to be open and honest with their lawyers. Where the Protection May be Found In Colorado, there is a specific statute setting forth the requirement that an attorney not be examined without the consent of his client about any…
Under Colorado law, it is illegal to leave the scene of an accident resulting in injuries or damage to others without first giving the driver’s name, address, and registration number of the vehicle, in addition to providing a driver’s license if requested. The driver must also render reasonable assistance to anyone injured in the accident,…
TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY. Commensurate with the guarantees of justice and due process of section 24-4.1-302.5(1) of the Colorado Revised Statutes, the victim of criminal conduct can specifically requests (through counsel and in writing) to exercise and be afforded each statutorily enumerated right under…
A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM. A notice, invocation, and exercise of rights by the victim should include, but not be limited to, all of the victim’s legal rights relating to privacy, the Health Insurance…
A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION). The victim of a crime should invoke and exercise the victim’s rights and privileges as related to the criminal case and as defined and guaranteed by the United States and Colorado constitutions, statutes, and court orders. …