subject: Should You Demand An Attorney During Police Questioning? Yes! [print this page] The right to have a criminal defense attorney present during any police interrogation has long been a fabric of our legal process since the mid-1960s. The U.S. Supreme Court ruled in the 1966 landmark case of Miranda v. Arizona that criminal investigators are expected to advise people of their Constitutional rights before asking any questions (Miranda Rights). One of those rights is the right to have a criminal defense attorney present while subject to any and all questioning.
Other Supreme Court decisions have approved most every police questioning tactic, which includes lying to and deceiving the suspect. Police may intimidate you by the threat of arrest, lie to you with regards to their knowledge of the facts, lie to you about an eyewitness who has identified you, and inform you they will work with the prosecuting attorney to help you out. With that awareness of police interrogation ethics, is it any wonder why it is advisable to demand an attorney during the process? If not, you will be choosing to engage in a combat with no armor and no weapon.
Most individuals are not familiar with these "rules of the game" when approached by police. Many may not even notice they are being setup to be a suspect. What might seem to be like a pleasant, casual police encounter can swiftly change to a scenario with you in cuffs with a free ride to the city jail. It is very important that you protect yourself from misinterpretations, misrepresentations, and misinformation. A qualified criminal lawyer will be ready to spot these regular law enforcement techniques. He will then have the ability to provide you with solid advice as to what questions to answer, and when to say enough is enough.
Believe me when I tell you that police investigators will say nearly anything and make you feel as uncomfortable as possible to get you to talk to them immediately, before you have had the chance to seek legal advice. You should decline any comments relating to a criminal matter, whether you've got anything at all to do with it or not.
Too many charges have been brought against clients as a result of misinterpretations of statements. Recall the scene from My Cousin Vinny where Ralph Macchio is repeating back the question to the sheriff, "I shot the clerk". To him, he was shocked by the question; in trial it was used against him as a statement of admission. This is not unusual in criminal law.
The magic words that cease all law enforcement questioning are, "I want to speak to a lawyer." Protect yourself, your reputation and your freedom. Always demand a criminal defense lawyer for all law enforcement interrogation.
