The right to have legal counsel present during questioning is one that is provided by the United States Constitution. You have to be sure that you invoke this right as early in your encounter as possible. This can help you to have as much protection as possible.
One thing that you should always remember is that law enforcement officers do have a duty to inform you that you have the right to an attorney. They don’t have to ask you if you want an attorney or try to coddle you in this regard. Instead, they just have to let you know about your right.
Your right to an attorney serves a few purposes. One of the most important is that having an attorney with you gives you another set of ears and eyes in the room. The attorney can monitor what is being asked, said and done. If anything is amiss, your attorney can step up to ensure that your rights aren’t being trampled upon.
Having your attorney present also acts as a form of support. You know that someone else is right there on your side as you are dealing with law enforcement officers.
It is imperative that you let the law enforcement officers know that you are exercising your right to have an attorney present. Once you do this, you don’t have to say anything else. In fact, you shouldn’t say anything else once you invoke this right. Instead, contact your attorney and wait until your attorney gives you the go-ahead to speak to the officers.
Source: FindLaw, “Invoking the Right to Counsel,” accessed June 01, 2017
