H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Articles Posted in Can Colorado Use Your Silence Against You?

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Under Colorado Law Can A Suspect's Silence Be Used Against Them?Introduction

Silence is protected only when it’s properly invoked as a Fifth Amendment right; pre-arrest, pre-Miranda silence can, in some circumstances, be used as evidence, while post-arrest, post-Miranda silence generally cannot.

The U.S. Supreme Court’s rulings in Berghuis v. Thompkins and Salinas v. Texas established that silence does not automatically trigger Fifth Amendment protection — a suspect must affirmatively and clearly invoke the right to remain silent for it to count.

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