Getting arrested is a major inconvenience that forces you to think about your actions, as well as your options. Once you’re put into a holding cell, everything becomes much more real and urgent. While you may feel panicked, this is the time to seriously consider your options. Regardless of the level of crime you’ve been accused of committing, most United States inmates possess the right to an able lawyer who can represent them in court. To learn more about this right and more, read on in this blog article.
Before delving into the topic of the right to attorney, it is important that you are aware of the rights you have at the time of your arrest. Those who have seen crime shows on television are likely familiar with the statements that police make at the time of your arrest, and it is quite important you are aware of your options.
One of the hallmark privileges granted in the Miranda rights is the right of every citizen to remain silent, which is addressed in both the Fifth and Sixth Amendments of the Constitution. Though a police officer may push you to answer their questions at the scene of the arrest, you must remember you aren’t obligated to say a thing. Law enforcement officials pressure you to speak because of the additional Miranda right, which states everything you say can be used against you in the court of law. Rather than answering their questions, simply inform them you would like to speak with a qualified lawyer, which the Miranda warning also guarantees.
Right to Attorney History
The state courts in the United States were not obligated to provide criminal defendants with representation up until the year 1963. What sparked this change was a particular case that made it to the Supreme Court, called Gideon vs. Wainwright. One day in Florida, a man named Clarence Earl Gideon was put under arrest for police suspicions that he broke into and entered a property with the aim to commit a misdemeanor. These charges are considered a felony in Florida, so on the day of his trial, he explained to the judge how he wasn’t able to afford an attorney.
The judge was apathetic to Gideon’s statements, and during the ensuing trial, he was sentenced to five years in prison. He later tried to repeal by declaring it an unfair trial, but was denied again. This troubling case sparked a series of legal decisions that served to officially confirm the Sixth Amendment’s declaration that every defendant has the right to effective counsel.
We all know how valuable our individual freedom is. To fight for yours, it is important you are being represented by a professional lawyer who is dedicated to your case. For high quality attorney referral services and more, you can count on us at Troy’s Bail Bonds.