16-3-403. Right to consult with attorney.

Statute text

Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty.

History

Source: L. 72: R&RE, p. 203, 1. C.R.S. 1963: 39-3-403.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 16-3-403 is similar to repealed laws antecedent to CSA, C 48, 560, relevant cases construing those provisions have been included in the annotations to this section.

Language of this section and 16-3-404 does not confer a statutory right to private attorney-client consultation which is broader than the corollary constitutional right. People v. Dehmer, 931 P.2d 460 (Colo. App. 1996).

Under this section any person restrained of his liberty for any cause whatever has the right to consult counsel. Ingles v. People, 92 Colo. 518, 22 P.2d 1109 (1933).

And the person denied rights of such paramount importance must of necessity be the person aggrieved, for this section cannot well be held to refer to any other. McPhail v. Delaney, 48 Colo. 411, 110 P. 64 (1910).

Commitment to state hospital does not deny right. The commitment of a defendant adjudged not guilty by reason of insanity to the state hospital cannot be construed to deny the right given by this section. Ingles v. People, 92 Colo. 518, 22 P.2d 1109 (1933).

Only remedy for violation of statutory provision is the fine provided for in 16-3-404 (2). People v. Parsons, 15 P.3d 799 (Colo. App. 2000).