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How to Invoke Your Right to an Attorney Criminal Defense

How to Invoke Your Right to an Attorney

10 months ago by Justin M. Schiks
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One of the privileges provided to individuals within the legal system is the right to receive legal representation. This important right ensures that every person has the opportunity to seek help from an attorney – a legal professional who can offer advice, guidance, and a strategic defense.

If you are arrested, always exercise your rights and contact a criminal defense lawyer in Woodbury, MN.


Exercising Your Sixth Amendment Rights

In the United States, this right is protected by the Sixth Amendment to the U.S. Constitution, which guarantees that “In all prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for their defense.” 

When you decide to exercise your right to an attorney, you are ensuring the safeguarding of your legal defense. This becomes particularly vital when you might face criminal charges since the consequences can significantly impact your life. 

Our attorney in Woodbury will ensure that your rights are respected, help you comprehend the charges against you, and collaborate with you to construct a plan of defense.

By exercising your right to an attorney, you’ll gain an ally – someone who possesses an understanding of the complexities of the legal system. Attorneys undergo years of education, training, and hands-on experience in specific areas of the law. 

We possess the skills needed to navigate through the intricacies of procedures, engage in negotiations with prosecutors, and gather the required evidence.


Understanding Your Rights When Requesting an Attorney

The Supreme Court of the United States has established that individuals wishing to invoke their right to an attorney must make a clear request for counsel.

In essence, simply hinting at needing a lawyer or suggesting that it might be a good idea is not enough – at least, in the eyes of the law. To properly assert your right to representation as an arrestee or defendant, you can’t be ambiguous. Leave no room for misinterpretation, and state that you will not answer any questions without your attorney present.


Why is it so critical to invoke your right to a defense attorney?

Once you have been accused of a crime, you’re either subjected to an interrogation or are already considered a suspect. It’s important to remember that, at this stage, law enforcement officials are not on your side. 

Their objective is to investigate the case and gather any evidence that points towards your guilt. Anything you say – even innocent remarks – can potentially be used against you in court.

Protect your rights to a fair and equitable defense by telling the Woodbury Police that you want to speak with a criminal defense attorney.


What happens if the police disregard your clear request for counsel? 

Once you’ve explicitly and clearly asked for a lawyer, the police should halt their interrogation. If they fail to do so, you may be able to contest any evidence obtained during that part of the interview. 

This could potentially lead to the exclusion of statements and related evidence from future court proceedings. 

In this case, you also have the right to practice your Fifth Amendment Right – the right to remain silent. According to the law, you do not have to answer questions after you’re arrested. 

Your rights are supported through the Constitution via your Miranda rights. Miranda rights require that law enforcement officers inform you of your Fifth Amendment Right to remain silent, as well as their Sixth Amendment Right to legal representation.

An arresting officer must always advise an arrested person who they plan to interrogate of their basic rights. The officer does not have to warn a person of their Miranda rights if they are questioning them to support public safety or if they are asking standard booking questions or contact details. 


Invoke Your Right to Legal Representation: Speak to a Woodbury, MN Criminal Defense Lawyer Today

If you’ve been charged with a crime, contact an attorney first before you say anything to the police. In the Woodbury area, contact JS Defense, P.A., right away. Make sure you’re fairly represented in the courtroom – and even before your court date. If you’ve been arrested, seek help from our defense firm today. 

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