The Fifth Amendment provides a significant right to individuals suspected of committing crimes. A criminal attorney in Monroe NC can explain when this right is triggered and how it can protect you.
After police arrest a suspect, they must read him or her Miranda rights. This reading triggers a suspect’s right to speak counsel and to otherwise remain silent. Once a suspect clearly and unambiguously requests a lawyer, police interrogation must immediately stop. Police cannot approach the suspect again until his or her counsel arrives. If the police begin the interrogation again without legal counsel being present, any statements made during this time are presumed to be involuntary and are not admissible at the suspect’s trial.
Asserting the Fifth Amendment
The majority of courts have held that the Fifth Amendment right to counsel is only triggered when a suspect is in police custody and is being interrogated. The United States Supreme Court has held that even if an attorney states that he or she represents the defendant, this statement does not trigger the Fifth Amendment right. A criminal attorney in Monroe NC can identify other times when a criminal defendant has a right to have his or her lawyer present, such as during a police line-up. When asserting the right to counsel, be sure that the statement is clear and direct.
If you would like to learn more about the Fifth Amendment or other rights that you have regarding criminal investigations, contact a Monroe NC criminal attorney at Khan Law Offices.