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Posts tagged "Right to Counsel"

Invocation of Right to Counsel Must Be Unequivocal

When a person invokes a right to counsel, a pending criminal interrogation must stop unless the person initiates further conversation with the police. But to be effective, an invocation of the right to counsel must be unequivocal. An equivocal reference to counsel, whether made before or after being advised of constitutional rights, does not require the interrogation to cease. Whether a request for counsel is equivocal is a mixed question of law and fact. In the recent Tennessee case of State v. Scott, E2012-02012-02734-CCA-R3-CD (Tenn.Crim.App. 12-6-2013), the Tennessee Court of Criminal Appeals concluded that the defendant's statement to police that she thinks she needs an attorney was not, in that case, an unequivocal invocation of the right to counsel.

Invocation of Right to Counsel Must Be Unequivocal

When a person invokes a right to counsel, a pending criminal interrogation must stop unless the person initiates further conversation with the police. But to be effective, an invocation of the right to counsel must be unequivocal. An equivocal reference to counsel, whether made before or after being advised of constitutional rights, does not require the interrogation to cease. Whether a request for counsel is equivocal is a mixed question of law and fact. In the recent Tennessee case of State v. Scott, E2012-02012-02734-CCA-R3-CD (Tenn.Crim.App. 12-6-2013), the Tennessee Court of Criminal Appeals concluded that the defendant's statement to police that she thinks she needs an attorney was not, in that case, an unequivocal invocation of the right to counsel.

Invocation of Right to Counsel Must Be Unequivocal

When a person invokes a right to counsel, a pending criminal interrogation must stop unless the person initiates further conversation with the police. But to be effective, an invocation of the right to counsel must be unequivocal. An equivocal reference to counsel, whether made before or after being advised of constitutional rights, does not require the interrogation to cease. Whether a request for counsel is equivocal is a mixed question of law and fact. In the recent Tennessee case of State v. Scott, E2012-02012-02734-CCA-R3-CD (Tenn.Crim.App. 12-6-2013), the Tennessee Court of Criminal Appeals concluded that the defendant's statement to police that she thinks she needs an attorney was not, in that case, an unequivocal invocation of the right to counsel.

What if They Didn't Read Me My Rights?

Those of us who have ever watched crime drama on television know that we have the right to remain silent and the right to counsel, and the police have to tell us that before interrogating us about a crime, right? And when we say we want a lawyer or don't want to answer, they have to stop the interrogation? Yes ... if we are in custody. If we are not in custody, they can ask whatever they want and don't have to tell us anything.

What if They Didn't Read Me My Rights?

Those of us who have ever watched crime drama on television know that we have the right to remain silent and the right to counsel, and the police have to tell us that before interrogating us about a crime, right? And when we say we want a lawyer or don't want to answer, they have to stop the interrogation? Yes ... if we are in custody. If we are not in custody, they can ask whatever they want and don't have to tell us anything.

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