Waiving Your Right to Counsel
The right to counsel is one of the most fundamental and constitutionally well-protected rights that Americans enjoy. The fundamental premise of the right to counsel is that the law recognizes that attorneys are formally trained in, and are supposed to be intimately familiar with, the law and that citizens have the right to rely on the expertise of attorneys rather than risk incriminating themselves with regard to possible criminal charges. This essentially protects defendants from giving inculpatory statements, such as confessions, or cooperating with something like a warrantless search which may seem to be in the defendant’s best interest at the time but which experienced criminal counsel would know is almost never a good idea.
Almost everyone knows that they have a right to an attorney (in large part thanks to police-themed reality TV and legal dramas) but fewer know that such a right can be waived even after it has been invoked. This knowledge can serve as a powerful tool against potentially exploitative investigatory techniques and may enable the defendant to sidestep a situation that may be damaging to his or her case. For example, criminal court records reveal cases where detectives have continued to have a “conversation” with individuals who have invoked their right to counsel (at which point the actual “interrogation” of the suspect should stop) and talked them into taking a polygraph examination or consenting to a search of their home. Some cases reveal situations where officers have testified to a willingness to continue questioning criminal suspects with the knowledge that the officer could get the defendant to “uninvoke” his or her rights later.
The important thing to remember if you are being questioned by law enforcement officials is that remaining silent and making a clear request for an attorney immediately is almost always the smartest course of action. Unfortunately some criminal suspects incriminate themselves before such a request is made, but that does not mean all hope is lost. Contact a skilled Sevier County criminal defense attorney today to explore methods for getting around incriminating evidence and working toward a favorable resolution of your case.
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