New Jersey Criminal Defense Attorney Explains the 5th Amendment

If you are approached by a law enforcement officer to give a statement, asserting your right to counsel is one of the most important things you can do to help protect yourself, whether innocent or guilty. As soon as possible after invoking your right to counsel, you should call a New Jersey criminal defense attorney to discuss your situation. If you do not clearly and unambiguously assert your right to speak with an attorney, law enforcement officers do not have to stop questioning you. The longer that questioning goes on, the more likely it is that they will obtain evidence against you, again whether or not you are innocent.

When Should I Say That I Want to Speak with an Attorney?

The courts have established that the right to speak with an attorney only applies when you are “in custody” (arrested or not free to leave) and being interrogated. If you were arrested and they are asking questions, it is likely that will read you the required Miranda warnings. After this warning you should immediately say “I do not want to answer your questions. I want to speak with a lawyer.” You must be very clear in your request for an attorney. After asserting your right to a lawyer, the police cannot continue asking questions. If you inadvertently make an incriminating statement after asserting your rights, you will want to ask your New Jersey criminal defense attorney about your options for excluding the statement from evidence.