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You have the right to a lawyer during custodial interrogations.
Individuals also have a right to an attorney even if they aren't being prosecuted yet. One famous example is that you have a right to an attorney during custodial interrogations. These are also called your Miranda rights. A custodial interrogation occurs anytime a law enforcement official detains a person in order to question them about a criminal investigation. A person is considered "detained" if they aren't free to leave.
If a police officer stops you on the side of the road and starts questioning you, you may not be under arrest. But you might not feel free to leave either. If you aren't free to leave, you have the right to an attorney.
You may wonder why it's so vital to have the right to a lawyer in the first place. For the most part, having a defense attorney is a safeguard against errors, possible police abuse, and prosecutorial misconduct. And it's a vital component of preserving our civil rights.
Related Resources:
- Your Rights: The Right to Counsel (FindLaw)
- What the Sixth Amendment Guarantees (FindLaw)
- Waiving Miranda Rights (FindLaw)
- Public Defenders Are Not Always Free (FindLaw Blotter)
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