The 6th Amendment of the U.S. Constitution guarantees you the right to an attorney if you have been arrested. Are the Police Required to Tell Me That I Have The Right to an Attorney?Yes. As soon as you are arrested, the police are required to read you your Miranda Rights. As part of your Miranda warning, the police must tell you that you have the right to an attorney.
What Does the Right to an Attorney Mean?The 6th amendment provides that you have the right to have an attorney present at critical stages after the commencement of adversarial criminal proceedings. A critical stage includes any interrogation, questioning, line-up, physical examination, arraignment, or hearing. Additionally, you have the right to be represented by legal counsel at trial.
The right to an attorney is available to everyone, regardless of their ability to pay for legal services. The police are required to inform you that you have the right to an attorney, and that an attorney will be provided to you for free if you cannot afford one. If you are unable to afford a private defense attorney, the court will appoint you a public defender.
Do I Need a Lawyer?If you are arrested, ask for a lawyer! It is your right to have one present. Remain silent until your lawyer arrives. If you can afford to pay for your own private attorney, or do not qualify financially for a public defender, you should start interviewing attorneys right away. |
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