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If you are under investigation for a crime, invoke your right to have an attorney present & call right away.

"Often times, we can be of so much more help when we are brought into the case at the first possible moment."

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Right To an attorney & Legal Representation

Bill of Rights

The Sixth Amendment to the Bill of Rights in the Constitution of the United States of America provides:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

For explanations, see Cornell Law School

Miranda Rights

The United States Supreme Court effected law in 1966 mandating that all people be duly informed of their constitutional rights to ensure that every person whose liberties will be restricted is aware of their rights protected under the Constitution of the United States of America. That case (Miranda vs. Arizona) is the namesake for what has come to be known as Miranda warnings or Miranda rights. Notification is the process by which you are informed of your rights such as when they are read to you. Miranda rights do not give you rights; rather, the Constitution gives you rights; Miranda warnings simply advise you of those rights in a neat succulent statement. You have those constitutional rights whether or not you are advised of them. [Miranda Rights - Right To Remain Silent]

The Right To Legal Counsel

As a citizen of the United States, you have a right to legal counsel if your life, liberty or freedom are at risk. That right is provided in the Sixth Amendment of the Bill of Rights in the US Constitution.

A Miranda warning must include a statement to the effect that you have a right to have an attorney present, and to have one appointed to you if you cannot afford one. Attorneys that are appointed are called public defenders. A public defender is appointed in situations in which the defendant is indigent or impoverished according to state (or federal) guidelines. If the defendant is not impoverished, an attorney may still be appointed, but the defendant will be ordered by the court to pay that attorney.

Invoking Your Right to An Attorney

To invoke your right to an attorney, all you need to do is ask for one. You can remain silent, or speak your mind, but the moment that you ask for an attorney, all interrogations should stop and not begin again until your attorney is present.

You can invoke your right to have an attorney present during questioning that occurs before or preliminary to an arrest, as well as before or after you have been informed of your Miranda rights.

Contact Van Wagner & Wood

If you are under investigation for a crime or drunk driving offense, please call ( or ), submit your case information, or email the attorneys at Van Wagner & Wood right away for a brief but professional free first impression analysis of your situation with honest, straightforward answers that will help you to understand how the law might affect you so that you can make the necessary critical decisions about your defense.