What are the Miranda Rights? The Right to an Attorney

“…. You have the right to an attorney….” The Miranda Warning

“In all criminal prosecutions, the accused shall enjoy the right… to have the Assistance of Counsel for his defence.” Sixth Amendment to the United States Constitution

The second Miranda Right is the right to an attorney. Under the Sixth Amendment, every person accused of a crime has the right to assistance of counsel. This right, applied to the states since 1963, is fundamental to the American Justice System. Defendants have a right to counsel in all felon cases and for many serious misdemeanors.

Why is an Attorney a Right?

The American Justice System is often complicated and most defendants struggle to navigate it adequately. Defendants who take on the legal system alone are likely to find themselves overwhelmed and risking their future. If arrested, defendants should exercise their right to counsel. Defendants should request to speak with their lawyer for the appointment of a public defender before answering any questions from police. Defendants have no obligation to speak to police (remember, defendants have the right to remain silent), without their attorney present after they have been arrested.

What Can an Attorney Do for You?

The assistance of counsel can be vital to preserving evidence, preventing misunderstandings, and demonstrating reasonable doubt the jury needs to find the defendant innocent. An attorney can ensure that you don’t make statements that could harm your case or cause confusion. Legal charges can also be a highly emotional time and having an attorney with a calm mind can ease the stress in the process. Attorneys can also bring the sort of neutral, outside perspective that is so vital to legal practice. Nearly every attorney hires an attorney to represent them, as well.

Conclusion

Many people are worried that hiring or requesting a lawyer will make them seem guilty, which can lead them to attempt to navigate the complex legal process on their own. Every defendant has a right to an attorney and hiring an attorney cannot be used in court to suggest the defendant is guilty. Every defendant should strongly consider exercising their right to assistance of counsel.

If you or a loved one has recently been arrested or charged, consider contacting our office at 816-787-1979 to discuss your case with one of our skilled attorneys.