Chapter 27 - § 27.3 • ADVICE TO CLIENT CHARGED WITH A CRIME

• Jurisdiction: Colorado

§ 27.3 • ADVICE TO CLIENT CHARGED WITH A CRIME

Working knowledge of how criminal law may impact clients is critical, and family law attorneys must have at least rudimentary knowledge of how the criminal justice system works. Again, the wisest thing is to consult a criminal lawyer as soon as any possibility of criminal issues arises. If a client is charged with a crime, it is imperative to advise him or her to obtain a criminal attorney immediately. Pending that selection, counsel should advise the client of his or her constitutional and statutory rights, and address the following issues.

§ 27.3.1—Remain Silent

Inform the client not to discuss allegations with anyone, including the police. As discussed in more detail in § 27.2.2, the client has constitutional rights not to speak with the police or prosecution and should exercise them. Nothing the client can say to the police or prosecution directly cannot be said via the attorney, and very little, if anything, said by the client will ever dissuade a prosecutor from proceeding with a case, particularly a domestic violence prosecution. There is no marital privilege in domestic violence cases where the spouse is the alleged victim. If the client feels compelled to discuss the case with someone other than the attorney, it should be a therapist or clergy with whom communications are privileged.

§ 27.3.2—Polygraph Examinations

While a matter is under investigation by law enforcement or shortly after filing, the client may be asked to take a police polygraph. Advise your client not to agree to this process. The pre-interview (and/or post-interview) to a police polygraph can be, and usually is, used to elicit incriminating admissions from the client. Additionally, polygraphs can be biased. If the client insists on his or her innocence, a criminal attorney can commission a confidential polygraph from a reputable private polygrapher. The results will remain confidential unless the attorney or client elects to reveal them. If the client passes the private polygraph with a reputable polygrapher, law enforcement may accept this in lieu of a police polygraph.

§ 27.3.3—Determine Whether a "No-Contact" Order Has Issued

If the client is facing pending criminal charges, the court will issue a mandatory protection order pursuant to C.R.S. § 18-1-1001. See § 27.2.1. A restraining order issued pursuant to this section prohibits the defendant from harassing, molesting, intimidating, retaliating against, or tampering with any...