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Apr 27

The Colorado Law On Right To Call Your Lawyer

The Proverbial “One Call Law”

By Colorado Criminal Defense Lawyer For the Rights Of The Accused – H. Michael Steinberg

The Colorado Law On Right To Call Your Lawyer – Known as the “One Call Rule” in most states – Colorado’s version of the one phone call after arrest – is actually located in the following law – which law is analyzed so the reader can fully understand one of the most important rights of persons in custody. There is a right to as many phone calls as are reasonable once you are arrested – not one – many.

The Colorado Law On Right To Call Your Lawyer

The Colorado Law On Right To Call Your Lawyer

Note – many believe the one call rule is a Hollywood creation or “urban myth.” In some states it is NOT a right – in Colorado it IS a right under certain conditions.

Here is the One All Law with analysis in brackets: [HMS …]

16-3-402 browse around here. Right to Communicate with Attorney and Family

(1) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by communicating in any other reasonable manner.

[HMS – You can see the above section is written in what is called mandatory language.. It is also NOT limited to one call but a “reasonable number of calls.”]

Such communication shall be permitted at the earliest possible time after arrival at the police station, sheriff’s office, jail, or other like confinement facility to which such person is first taken after arrest.

(2) If the accused is transferred to a new place of custody, his right to communicate with an attorney and a member of his family is renewed.

[HMS – Here the law provides for a new “set of calls” if you are move to another location – jail – prison etc. ]

(2.5) If the victim is able to demonstrate through the use of caller identification or other credible evidence that the incarcerated defendant has called the victim from the jail or correctional facility in violation of the protection order issued pursuant to section 18-1-1001, C.R.S., or in violation of any other valid protection order or emergency protection order in effect, the defendant shall not be entitled to further telephone calls except to such defendant’s attorney, which calls shall be placed by a jail or correctional facility staff member.

[HMS – ALL calls at the jail are recorded – if you violated the mandatory protection order entered in ALL criminal cases – or the no contact order in Colorado domestic violence cases (LINK )(below) – you will lose your calling privileges]

If the defendant was arrested for violating an order not to contact certain family members, the right to contact those family members by telephone shall be prohibited, and the jail or correctional facility staff shall place all outgoing telephone calls that the defendant wishes to make that are not identified in the protection order as prohibited

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[HMS – Finally – the next two provisions give the public defender special privileges to check on incarcerated defendants and for them to communicate with the public defender]

(3) (a) Consistent with the provisions of section 21-1-103, C.R.S., if any person in custody indicates in any manner his desire to speak with an attorney or the court determines that an inquiry into the matter of indigency should occur, the public defender shall be permitted to communicate with that person to determine whether that person has counsel and, if the person desires that the public defender represent him, to make an initial determination as to whether the person is indigent. If the public defender determines that the person is indigent, such person shall apply for representation by the public defender in accordance with section 21-1-103, C.R.S.

(b) The public defender, upon his request and with due regard for reasonable law enforcement administrative procedures, shall be permitted to determine whether or not any person in custody has been taken without unnecessary delay before the nearest available county or district judge.

 The Colorado Law On Right To Call Your Lawyer

Conclusion – what this law does is it protects the rights of someone incarcerated to not only call their lawyer – the constitutional right to counsel – it enable ordinary people who are frightened and confused to say the least – to reach someone who can help them … it is a good law and should be used ONLY to get in touch with family and friends and to find a lawyer — DO NOT talk about the case while you are on the jail phone.. The Colorado Law On Right To Call Your Lawyer – is a gift .. use it ..


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