Legal Question in Criminal Law in Colorado

fire

I've been questioned about a fire and told the truth of my whereabouts, in doing so told the fire investigator i was driving w/out a license. He has told me I'm not a suspect, but my name hasn't been cleared and now wants to meet face to face to take a statement. Can they arrest me cause I told them the truth about driving? Also do I need to speak to them, if they don't have any evidence connecting me to any of this. I live in new mexico and this happened in colorado and he wants to meet in colorado?


Asked on 9/22/08, 4:05 pm

5 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: fire

You have no obligation to speak with law enforcement. You have a 5th Amendment right to remain silent. You should do that. You should never give a statement to law enforcement without having first consulted with a lawyer. You should obtain representation by an experienced criminal defense lawyer. You have no obligation to travel to CO to meet this agent. Your traffic violation has nothing to do with it. Get legal advice; do not give a statement regarding this event to anyone, particularly the fire investigator.

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Answered on 9/22/08, 4:40 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: fire

You have an absolute right to remain silent. If you hired me to represent you, I would tell the investigator that all contact with you must go through me. Do not talk and get an attorney. Good luck.

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Answered on 9/22/08, 7:31 pm
Philip Rosmarin Rosmarin Law Firm

Re: fire

You won't be arrested for what you said about your traffic violation. Tell the fire investigator you'll be delighted for him to visit the beautiful State of New Mexico, and saddened that you will have no time to speak with him. I generally tell people not to say anything to these people, but it might be okay to give him a recommendation about where to get a great taco. Nothing more, though.

Relax; they ain't coming after you unless it's to charge you about the fire. No evidence, likely no charge. The only evidence they might get is anything you tell them, so tell them nothing.

On second thought, let him find his own taco.

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Answered on 9/22/08, 8:01 pm
Jason Savela The Savela Law Firm, PC

Re: fire

It would be difficult or impossible to prove the driving charge since all they have is your word. The legal theory of corpus dilecti wins it for you.

If you come to colorado, you might get arrested. Why does he need face to face? You never have to talk with any police officer or investigator or anyone at all. So, do not. I would stop talking to them completely, and politely.

your cooperation will not save you from arrest if they do think you did this - if they think it was you, then you will get arrested.

if you want to talk with them, then get an attorney to help you.

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Answered on 9/23/08, 1:48 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: fire

If you go to Colorado, you will be arrested. The driving without a license cannot be proven without more, so do not concern yourself with that.

You have no duty to speak wth him. Your duty, if you hold the bill of rights to be directive, is to remain silent. Get a lawyer.

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Answered on 9/23/08, 1:58 pm


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