One of the most critical moments to have a lawyer is when the police want to question you. We’ve all heard the phrase “You have the right to remain silent” on TV. This is part of your Miranda rights, which police must read you during a custodial interrogation. Importantly, those rights include the right to have an attorney present during questioning. You can actually tell the officers “I want to talk to my lawyer,” and by law, they must stop questioning you until your attorney is with you.
Why is this so important? Because anything you say can be used against you later in court. A lawyer serves as your shield in this situation. They will advise you when to stay quiet and prevent you from being tricked into saying something that could hurt your case. The lawyer’s job is to protect your rights during police questioning. For example, if officers keep pushing you after you’ve asked for a lawyer, your attorney will remind them that questioning has to stop. If the police ignore your request and keep interrogating, a lawyer can fight to have any statements you made kept out of court because your rights were violated.
Imagine you’re taken to a police station as a suspect in a burglary. The officers start asking questions. You feel nervous and want to explain yourself. If you don’t have a lawyer, you might accidentally admit to something or misstate details under pressure. If you do have a lawyer, they might advise you not to answer certain questions or to remain silent altogether. They’ll be present to make sure the police don’t overstep—no coercing a confession or twisting your words. This protects you from unwittingly giving the prosecution ammunition. In short, having an attorney during an interrogation helps keep the playing field level when you’re in a vulnerable position.I have had – and I wager that any other criminal defense attorney has had – many cases that the prosecutor would not have won at trial if it wasn’t for my client’s statements he made to the police without an attorney. I am putting this part in all caps and in bold lettering to send the message home to you as the reader. DO NOT EVER TALK TO THE POLICE WITHOUT AN ATTORNEY. Tell them that you want to cooperate but you would like an attorney present before you make any statement. Save a local attorney’s number in your phone as “Attorney.” Wink Wink…cough 252-612-0007 cough. Call that attorney and ask them for counsel. You have a right to an attorney. Use it!
Clark Jones Author
G. Clark Jones, CEO of Ley Law, has built a distinguished career in Criminal Defense and Family Law across Eastern North Carolina, known for his dedication to clients and his commitment to achieving justice. Graduating Magna Cum Laude with a Bachelor of Science in Family Community Services from East Carolina University in December 2016, Clark pursued his Juris Doctor degree at J. Reuben Clark Law School, Brigham Young University, completing it in December 2019.
