While suspects and defendants have a right to the help of counsel, they must invoke this constitutional right. Defendants don’t automatically get an attorney. They must invoke their right to appointment of counsel unequivocally and in a timely manner.
In a seminal Supreme Court case, Miranda v. Arizona, the court ruled that police must tell all criminal suspects that they have a right to remain silent, that anything they say can be used against them in a court of law, and that they have the right to counsel.
Under Miranda, the police must tell the suspect they have the right to an attorney. But law enforcement officers don’t have to ask if they want a lawyer or other clarifying questions.
Generally, people are entitled to counsel at all critical stages of criminal prosecutions. A defendant can invoke this right from arraignment until the end of a trial.
When the police conduct a custodial interrogation, the suspect is also entitled to counsel. If police gather any evidence in violation of this right, the judge will exclude this evidence.
But if a suspect makes an unsolicited statement during an interrogation , after invoking their right to counsel the prosecutor can introduce these statements only to discredit the defendant’s testimony. Even though a statement may be excluded from the prosecution’s case, the prosecutor may use it in other circumstances. If the defendant takes the stand and says something different than a statement they made during interrogation, the prosecutor may use it.
Not all defendants want the help of an attorney. Some want to enter a guilty plea right from the start. Others choose not to have counsel present even during their initial interrogation or preliminary hearings. This is the defendant’s right.
If a defendant believes they will get a fair trial without the advocacy of an experienced criminal law attorney, that is their choice. It will be difficult for them to argue this point after the fact. If the defendant waives their Miranda rights, they must document the waiver and present it to the court.
The court must ensure that defendants get due process in criminal trials. As long as this is the case, whether the defendant chooses to be represented by counsel doesn’t matter.If you or a loved one is in a bind as a result of a criminal charge (negligent driving or otherwise), immediately contact a Seattle Criminal Attorney. A Traffic lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Traffic Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
