A Sacramento Criminal Defense Lawyer on Your Right to Counsel
A criminal charge is serious business, and you will need a strong and dedicated Sacramento criminal defense lawyer to help. You may find trouble or trouble may find you. Whatever the situation, you should know your rights, including the Fifth Amendment, which establishes your right to an attorney once you are charged with any offenses.Asking for Your Attorney to Be Present
As a Sacramento criminal defense lawyer can tell you, you can ask for an attorney when you are going to be interrogated. Once you ask for representation, police can’t ask you any other questions until your counsel arrives. If police approach you after this and your attorney is not present, any statements you make, including a confession, will be deemed forced and would not be admitted at your trial.
You should keep in mind that your Fifth Amendment right to an attorney is not specific to an offense, unlike the right afforded to a person with the Sixth Amendment. A Sacramento criminal defense lawyer can tell you this means that asking for an attorney prohibits other officers investigating a different case other than the one you just were arrested for from asking any questions. This is the case even if those officers didn’t know you asked for an attorney. In a nutshell, police can’t ask you about any crime without an attorney present.The Courts and the Fifth Amendment
Many courts have found that authorities only need to honor a person’s right to counsel as it relates to Miranda when a person is in police custody and being questioned. In addition, a Sacramento criminal defense attorney can tell you the U.S. Supreme Court has found that an attorney stating he is a person’s representation isn’t enough to invoke a person’s right to counsel protections. It is best to carry your lawyer’s business card with you. If you are ever in trouble, you can tell police you don’t want to answer any questions without your lawyer and then present the card.Contact a Sacramento Criminal Defense Lawyer for Assistance
A person’s right to counsel under the Fifth Amendment is critical to a case. If you were arrested and are facing criminal charges, call Param Pabla, a Sacramento criminal defense attorney, at (916) 285-7900.