Be sure to make a clear request for an attorney.
Under the Fifth and Sixth Amendments of the United States Constitution as well as the California constitution, suspects and defendants in criminal cases have a right to an attorney at certain stages of criminal proceedings. These rights are vital to protecting citizens from unfair and oppressive police tactics, and to ensuring that justice is done.
Under the Fifth Amendment, a suspect in a criminal investigation has the right to an attorney if he or she is in police custody and being interrogated. There have been many court cases over what it means to be “in police custody” or to be interrogated. A person could be in police custody while at the police station, in the back of the police car, standing on the street corner, or even in their own home. The key in most cases is that he or she does not feel free to leave because of the actions of the police. For example, if a law enforcement officer stops a person on the sidewalk who is suspected of breaking into a store and takes that person’s identification, that person would not be free to leave, because a reasonable person would not feel free to leave while the police had his or her license. In that situation, he or she would be considered “in police custody” and would have a right to a lawyer. What constitutes an interrogation is often more clear-cut, with police questioning a suspect an obvious form of interrogation. However, there may be other types of interrogation, like an officer making statements that are designed to provoke a response, even if it isn’t technically a question. For example, in a missing child case, if an officer just happens to say aloud to another officer, “I bet if that child were found today, the parents would be so happy they wouldn’t even press charges,” it could be construed as interrogation because it was a statement designed to get a response from the suspect. If that suspect were also in custody, he or she would have the right to an attorney.
Once any formal criminal proceedings have begun, such as a preliminary hearing, an indictment, or an arraignment, a defendant then has a Sixth Amendment right to counsel. A defendant in a criminal case has the right to an attorney’s assistance through all critical stages of a criminal proceeding. If you have been charged with a crime in California, your Los Angeles criminal defense lawyer can stand by you throughout the process.
One of the most vital aspects of your right to an attorney is making sure that you clearly and unequivocally ask for an attorney. There have been numerous cases where courts have ruled that because a suspect did not specifically ask for a lawyer, his right to counsel did not attach. In fact, the Louisiana Supreme Court just held that a suspect who asked for a “lawyer, dawg,” could have been asking for a “lawyer dog” (that is, a dog who is also a lawyer), and so his constitutional rights were not violated when the police failed to honor his request. If you are being interrogated in police custody, be sure to ask for a lawyer as clearly as possible: “I want a lawyer.”
In Southern California, the Chambers Law Firm represents clients in a variety of matters and understands how to protect our clients from unjust police practices. Our team of Los Angeles criminal defense lawyers and professionals will work with you to get the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
