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When to Invoke the Right to an Attorney

By Baker Associates

Most people are familiar with the constitutional guarantee of the right to counsel, but the question of when to invoke it can be a confusing one. As a practical matter, the right to an attorney can be invoked at any time after the suspect has been placed under arrest and read his or her Miranda rights. It is questioning prior to arrest, however, that leads to problems. The police or other law enforcement officials are allowed to ask you questions prior to arresting you or anyone else for the purposes of gathering information as part of a criminal investigation. These questions are not limited by the Constitution or any other law as to the subject matter about which the police can question you. Persons answering these questions need to be extremely careful as to which questions they answer and what answers they give...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 30, 2010 (boomark / email).