Criminal Defense: Right to Legal Counsel after an Arrest

A Miami criminal defense lawyer can help if you are facing criminal charges after you’ve been arrested. He or she can explain your legal rights and determine if they were violated in any way.


Right to Legal Counsel

Every United States citizen has the right to legal counsel when he or she has been arrested. Securing help from a lawyer is one of the ways a defendant can protect him or herself. This right is first recognized when the arresting officer says, “You have the right to an attorney.” This means that no matter the charge, you have the right to defend yourself.

The arresting officer will also say, “If you cannot afford an attorney, one will be appointed to you.” An inability to pay for legal representation does not remove your right to have someone represent you throughout the legal process.

The right to legal counsel goes beyond hiring someone to assist you through a court hearing or trial. It also coincides with your right to remain silent until you have a lawyer present. If you choose not to have legal counsel with you when you are questioned, you may end up digging yourself into a hole. You may misspeak or say something that may be taken out of context or otherwise used against you.

Never admit to anything, and never answer questions unless you have first spoken to a lawyer. Since it is your legal right to be provided with legal counsel, if that isn’t made available to you or you aren’t advised of those rights, it could hurt the prosecution’s case against you.

In addition, if you make statements without being told of your rights, those statements could be considered inadmissible. Even if you were to imply or say you were guilty, a violation of your legal rights could suppress what you have said.


Importance of Securing Legal Counsel

Some individuals may question the significance of having legal counsel if arrested. No matter what type of crime you are being charged with, there are several reasons to seek help from a criminal defense lawyer.

Criminal cases can be very complicated, as state and federal legislation may affect the legal issues surrounding your case. Punishments vary by state and according to the crime committed. A lawyer will be familiar with the process, laws and potential punishments.

Hiring an attorney could help reduce sentence compared to going at it alone. A Miami criminal defense lawyer may even be able to get the charges against you dropped. There could be underlying reasons that justify this, of which the average person may not be aware. If you need legal counsel, contact Falk & Ross Law Firm today at 877-663-5110.