A Sacramento Criminal Defense Attorney Discusses Right to Counsel
When someone is arrested, their right to counsel is explained to them as part of the Miranda warning. A Sacramento criminal defense lawyer will be obtained for if the arrestee so desires.Asserting Your Right
Once your rights under Miranda have been explained to you and you make your request for your Sacramento criminal defense lawyer, no questions may be asked of you until your lawyer arrives. No attempts may be made by the police to interrogate you without your attorney present and any information you give under such interrogation cannot be admitted as evidence in court.The Fifth Amendment
When you ask for counsel under the Fifth Amendment, you do more than stop interrogation regarding the offense for which you were arrested. You also prevent interrogation for any other offence whether or not the police involved in that investigation are aware that you have made the request. In other words, unlike the Sixth Amendment (offense specific), under the Fifth once you request counsel the police are forbidden to question you at all unless your Sacramento criminal defense lawyer is there with you.Honoring the Right to Counsel
For the Miranda right to go into effect, courts usually require that the police respect its assertion once the subject has been arrested and is being questioned. The right to counsel, according to the U.S. Supreme Court, is not prompted only by the lawyer’s claim to representation of the defendant.What to Say
By keeping your attorney’s business card with you, you are protected in case of an arrest. Hand the card to the arresting officer and say, “I will not answer questions until my lawyer arrives. Please call the number on the card.”Protect Yourself
If you find yourself in this situation, don’t face it alone. Call Sacramento criminal defense lawyer Param Pabla at (916) 285-7900 right away.