Facing police questioning can be a daunting experience, but knowing and exercising your rights is crucial to protecting yourself and ensuring a fair legal process. One of the most important rights you have is the right to an attorney.

Understanding Miranda Rights:

Miranda rights, established by the Supreme Court in Miranda v. Arizona, are intended to protect individuals from coercive and unfair techniques during police interrogation. These rights include the right to remain silent and the right to have an attorney present during questioning. However, simply knowing about these rights is not enough; you must actively assert them to ensure they are upheld.

How to Invoke Your Right to an Attorney:

1. Be Clear and Assertive: When you are in police custody and facing interrogation, it's important to clearly and assertively invoke your right to an attorney. You can do this by stating, "I want to speak to a lawyer," or "I am exercising my right to an attorney."  If you are unclear with your language, the Rhode Island Supreme Court and United States Supreme Court has ruled that it does not count as an invocation of your rights! Be clear: "I want an attorney."

2. Do Not Waive Your Rights: Once you have invoked your right to an attorney, the police are required to cease questioning until your attorney is present. Do not waive your rights by continuing to answer questions without legal representation present. And do not start asking the officers questions - that is what your lawyer is for!

3. Remain Silent: In addition to requesting an attorney, it's wise to exercise your right to remain silent until your attorney arrives. Anything you say during police questioning can be used against you in court, so it's best to wait for legal guidance before speaking. After you ask for a lawyer, stop talking. 

4. Document Your Request: If possible, document your request for an attorney by asking for a lawyer in front of witnesses or requesting to speak to a supervisor. This can serve as evidence that you invoked your rights in the event of any legal proceedings. In Rhode Island, the officers will frequently hand you a form with the rights printed on it.  Write on the paper, "I want an attorney," and then sign it. 

Why Asking for a Lawyer Matters:

Invoking your right to an attorney is not an admission of guilt; it is a fundamental protection of your constitutional rights. Having a lawyer present during police questioning ensures that you have someone who can provide you with legal advice, protect your interests, and advocate on your behalf.

By always asking for a lawyer when facing police questioning, you are taking an important step towards safeguarding yourself and ensuring a fair legal process. Your attorney can help navigate complex legal proceedings, advise you on your rights and options, and work towards achieving the best possible outcome for your case.  Here is the simple truth: The police officers are not your friends when they want you to admit your guilt so they can lock you up and prosecute you for a felony! They are doing their job. 

Conclusion:

When it comes to police questioning, knowledge is power. By understanding your Miranda rights and how to invoke your right to an attorney, you can protect yourself from potential coercion or manipulation by law enforcement. Remember to be clear and assertive in requesting a lawyer, and do not waive your rights by continuing to answer questions without legal representation present. If you ever find yourself in police custody and facing interrogation, don't hesitate to ask for a lawyer. Your rights matter, and exercising them is crucial to ensuring a fair and just legal process.

If you are facing police interrogation for a serious felony in Rhode Island, call Manosh Payette, LLC at 401.854.7794.