Pretext Calls & Texts in Colorado: When Police Use Your Own Words Against You

By Ted McClintock, Colorado Springs Criminal Defense Attorney

Most people assume police questioning happens in an interview room with Miranda warnings and a lawyer present. In reality, some of the most damaging statements are made on a phone call or over text—without you even realizing law enforcement is involved.

These are called pretext calls and texts, and they are used regularly in Colorado investigations.

⚠️ What Is a Pretext Call or Text?

A pretext communication is when law enforcement uses another person—or a false identity—to contact you and try to get you to say something incriminating.

That “someone” could be:

• A complaining witness

• A friend or acquaintance

• A cooperating witness working with police

• Or even someone fictitious or impersonated

The goal is simple:

👉 Get you talking.

👉 Get you to explain.

👉 Get you to admit something.

Can Police Pretend to Be Someone Else?

Yes.

In Colorado, law enforcement can:

• Direct someone to contact you and act as if it’s a normal conversation

• Use deception about the purpose of the call

• In some circumstances, impersonate or create a false identity

This surprises people—but deception in investigations is generally allowed.

🚫 Why Miranda Warnings Don’t Apply

Many people think:

“If police didn’t read me my rights, they can’t use what I said.”

That is not correct in this context.

Miranda only applies when:

1. You are in custody, and

2. You are being interrogated by law enforcement

   -With pretext calls and texts: You are not in custody

   -You often don’t know police are involved

   
   

👉 So Miranda warnings are not required

👉 And your statements can still be used against you

🎙️ Can They Record the Call or Texts?

Yes.

Colorado is a one-party consent state for recording communications.

That means:

• Only one person involved in the conversation needs to consent to the recording

• If that person is cooperating with police, that requirement is satisfied

👉 Your call or text conversation can be legally recorded and preserved as evidence

⚠️ The Real Danger: Apologies & “Just Wanting It to Go Away”

This is where many cases turn.

During these conversations, people often:

• Try to smooth things over

• Offer an apology to end the situation

• Say something they don’t fully mean

• Or even make a false confession just to stop the pressure

Sometimes they are told:

• “This doesn’t have to go anywhere…”

• “If you just take responsibility, we can move on…”

• “I just need an apology…”

👉 Once you say something that sounds like an admission, that statement can and will be used against you.

-At this point, the case often does move forward—because now there is evidence.

Why These Tactics Work

Pretext calls are effective because:

• You feel like you’re speaking informally

• You are not prepared or represented

• You may feel emotional, defensive, or guilty

• You believe the conversation is private or personal

It is not.

🛑 What You Should Do If This Happens

If someone contacts you about an incident:

• Do not explain

• Do not apologize

• Do not try to fix it in the moment

• Do not assume it’s private

Instead:

• Politely end the conversation

• Do not respond to follow-up texts

• Contact a defense attorney immediately

Final Thought

Pretext calls and texts are one of the most powerful tools used in Colorado investigations—because they rely on your own words.

And once those words are recorded, they can be difficult to undo.

📞 Contact Ted McClintock

If you have been contacted by someone asking questions about an incident—or you believe law enforcement may be involved—what you do next matters.

Ted McClintockColorado Springs Criminal Defense Attorney

📞 719-520-3968

🌐 coloradocriminaldefense.com

Confidential consultations available.