The Sixth Amendment of the United States Constitution guarantees all US citizens the right to an attorney in a court of law. This right is meant to help protect you against accusations of criminal activity, and to ensure that you have the full ability to defend yourself in court. Here are five things you need to know about your right to an attorney:
- Your constitutional right to an attorney starts the moment you are arrested
- Although you can technically call a lawyer whenever you want, your constitutional right to an attorney attaches the moment you are arrested by the police. While this may be obvious if they place you in handcuffs or shove you in a squad car, it may not always be that clear that you are in custody. The key is to ask the police if you are free to leave; if they try to stop you from leaving, you are under arrest, even if they do not say as such.
- You can have a lawyer present during police interrogations
- You always have the right to have a lawyer present while you are being interrogated by the police. This is true whether you are under arrest, or even if you have been charged with a crime. Generally speaking, it is a smart idea to exercise your right to an attorney whenever speaking to the police, which can minimize the risk of intimidation, coercion, or other shady tactics.
- You have the right to speak to a lawyer in private
- Your conversations with your lawyer are always confidential, meaning the police cannot legally listen in on your conversations. This means that you never need to worry about having your words turned against you because you chose to exercise your right to an attorney. If the police try to illegally spy on your conversations with your lawyer, they may be tossed out by the court.
- Your right to a lawyer lasts through the entire criminal process
- You always have the right to speak to your lawyer, from the moment you are arrested until you either take a plea deal or get a verdict at trial. This also extends to any appeals you may choose to file. This means that the police cannot rightly prevent you from exercising your right to a lawyer while you are going through the legal process.
- If your right to an attorney is violated, you can seek a remedy in court
- The fact that there is a constitutional right to an attorney does not mean that your rights will not be violated. However, it does mean that if you suffer a rights violation, you can seek redress in the court for the harm you have suffered. That is why it is essential that you contact a criminal defense lawyer as soon as you face the risk of criminal prosecution, as they can work to ensure your rights are enforced by the court.
Williams Cedar is a law firm dedicated to helping clients with personal injury, environmental law, and civil rights cases. We specialize in assisting clients who have been injured due to exposure to environmental toxins, including veterans and their loved ones. If you need legal assistance due to toxic exposure or other related matters, please give us a call at our New Jersey and Pennsylvania offices at (215) 557-0099, or visit our contact page.