Being arrested can be one of the most frightening experiences in a person’s life, regardless of whether it’s for something minor or for a more serious charge. Once you’re arrested, you should always be given the opportunity to speak with an attorney shortly after you’re taken into custody, as the 4th amendment of the United States Constitution requires that all people in the United States are free from illegal search and seizure, and those who are arrested are entitled to an attorney.
This is true even if you can’t afford one; in this case, a public defender or court appointed attorney would be assigned. So, what happens if you’re arrested, hours have passed, and no one is letting you speak with a lawyer?
One of the most important things you should remember is that you are absolutely entitled to a lawyer. You never have to speak with law enforcement without one. Anytime you’re arrested, the police should provide you your Miranda rights, essentially stating that anything you say can and will be used against you in the court of law, and that you are entitled to a lawyer.
If you are arrested, never speak with anyone about anything related to your alleged crime without having your lawyer present. If you aren’t given a lawyer and aren’t allowed to contact one, calmly tell law enforcement that you refuse to speak with them until you have a chance to consult with an attorney. No matter how much they threaten you or how much they try to bully you, stand your ground. You are entitled to a lawyer!
If you’re under arrest and the police won’t give you access to an attorney as they’re required to by law, KEEP ASKING! All you need to tell them is that you wish to speak with a lawyer and you will not talk to law enforcement without one.
Any Evidence Or Statements Obtained After Your Denied Request Should Be Suppressed
Keep in mind that if you’re refused a lawyer and the police continue to question you, this is totally illegal. If you confessed or said anything that leads them to evidence to use against you after you’ve requested and been denied a lawyer, your experienced criminal defense attorney should file a motion to suppress so the prosecutor can’t use any of your statements or the evidence against you.
Vinas & Graham, PLLC Is Here For You
If you or a loved one was arrested and has been denied access to an attorney, this is a very serious issue and it should not be ignored. Everyone who is arrested has the right to talk to a lawyer, so make sure you assert your rights. Simply knowing what you’re entitled to will make it much easier for you to get what you deserve. Once you are able to speak with a lawyer, make sure you share your concerns with them so they can look into the situation and make sure you’re treated appropriately and prevent it from happening again.
Vinas & Graham, PLLC can help. Both Attorney Vinas and Attorney Graham handle federal crimes as well as lesser charges, and as former felony chief prosecutors, they have a unique perspective and a strong success rate when defending criminal charges. Call the law firm of Vinas & Graham today at 713-229-9992 for a consultation or fill out the online contact form for a callback. You can also follow them on Facebook to learn more about the firm and everything that they can do to help their clients.