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The Colorado 5th Amendment Right to Remain Silent

by H. Michael Steinberg Denver Colorado Criminal Defense Trial Lawyer

The Colorado 5th Amendment Right to Remain Silent

The Colorado 5th Amendment Right to Remain Silent

The Colorado 5th Amendment Right to Remain Silent – The tension between the right to call a witness to present a defense at trial – and the witness’s right to NOT self incriminate himself or herself is ever present in criminal cases.

The right of a defendant to assert a defense vs the right of a witness to not incriminate themselves by testifying at trial.

On the one hand, “[t]he Fifth Amendment of the United States Constitution . . . can be invoked by anyone whose statements or answers might incriminate that person.”

On the other hand, “[t]he right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense.”

The right to present a defense is not considered absolute, however, and it “does not include the right to compel a witness to waive his or her Fifth Amendment privilege.”

Instead, “when a defendant’s rights under the Sixth Amendment (the right to a fair trial) collide with a witness’s Fifth Amendment rights (the right to remain silent), the defendant’s right to compulsory process must give way to the witness’s privilege not to give self-incriminating testimony.”

The Colorado 5th Amendment Right to Remain Silent 

The Fifth Amendment provides a witness with a privilege to decline to answer questions if the answers would incriminate him or her.

The privilege against self-incrimination may not be asserted in advance of questions actually asked of them – it is an option of refusal to respond and not a prohibition of inquiry.

The proper procedure is to wait until a question is asked which tends to be incriminating has been asked and then decline to answer the question.

There are limits on this privilege, and it is for the judge, and not the witness, to determine whether a witness’s refusal to testify is justified under the Fifth Amendment. When the judge makes this determination, the judge is required to give the Fifth Amendment protection “liberal construction in favor of the right it was intended to secure.”

This means that the protections of the Fifth Amendment can be invoked by anyone whose statements or answers to questions could incriminate him, either by directly admitting the commission of illegal acts, or by relating information which would “furnish a link in the chain of evidence needed to prosecute the claimant” for such acts.

A judge may deny a witness’s claim of privilege only if it is absolutely clear that the witness is mistaken and the testimony cannot possibly incriminate him.

The Colorado 5th Amendment Right to Remain Silent

If you are charged with A Colorado crime or you have questions about The Colorado 5th Amendment Right to Remain Silent, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

Most Experienced Colorado Criminal Defense Lawyer - Attorney - Law FirmH. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Colorado 5th Amendment Right to Remain Silent.

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H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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