How To Invoke Your Right to a Criminal Defense Attorney
If you have been arrested and are being interrogated by the police, you have several important constitutional rights. One of your most crucial rights is the right to legal counsel. In the United States of America, the Sixth Amendment to the Constitution gives the accused the right to legal counsel. As a criminal defendant, you have the right to have a criminal defense attorney help in your defense regardless of whether or not you can afford to hire an attorney. If you can’t afford a defense lawyer, you have the right to have one appointed for you. However, it is vital to note that the financial standards for determining if you can afford a defense attorney vary from state to state. At times, these standards even differ from county to county. Another thing you need to know is that while the U.S. Constitution gives you the right to a defense attorney, you must actively invoke this right. Below, we discuss how to invoke your right to a criminal defense attorney and why exercising your right to a criminal defense attorney is crucial.
How To Invoke Your Right to a Criminal Defense Attorney
In the 1994 case, Robert L. Davis v. United States, the Supreme Court made a crucial decision on how criminal defendants in the U.S. should invoke their right to legal counsel. In this case, the Supreme Court decided that for a criminal defendant to invoke their right to a criminal defense attorney, they must make an unambiguous or unequivocal request for an attorney. Otherwise, if you are being questioned, the police are not obligated to stop questioning you. For example, if you say something like, “Maybe I should speak to an attorney,” you have not made an unambiguous or unequivocal request for an attorney. You must be crystal clear when invoking your right to a defense attorney. Avoid making unclear statements or statements that can be misinterpreted. For example, you can say;
- “I want to speak to an attorney,” or
- “I do not wish to answer any questions until I speak to an attorney,” or
- “I do not wish to answer any questions without an attorney present.”
If you make it clear that you want to speak to an attorney and the police ignore your request, it is a violation of your rights under the Sixth Amendment. You can challenge any evidence the police obtain in the illegal portion of the interrogation.
Why Should You Exercise Your Right to a Criminal Defense Attorney?
There are many reasons to exercise your right to a criminal defense attorney. The following are some of these reasons;
A defense attorney can ensure you do not make incriminating statements when speaking to the police
- A defense attorney can help protect your other Constitutional rights
- A defense attorney can help you navigate the complex criminal justice system
- A defense attorney can help you understand the charges against you
- A defense attorney can help you build a strong defense
- A defense attorney can help negotiate a plea deal with the prosecution (if necessary)
A defense attorney can represent you in court if your case goes to trial
Contact an NYC Criminal Attorney
At Mark I. Cohen, Esq., our skilled NYC criminal attorney, is ready to protect your legal rights and help you fight the criminal charges you might be facing. Contact us today at 917-414-8585 to schedule a consultation and discuss your case.
Source:
law.cornell.edu/supct/html/92-1949.ZO.html
