Invoking Your Fifth Amendment Right to Counsel

In the case of Miranda v. Arizona,the United States Supreme Court held that an individual has a right to request an attorney during police questioning. This right is based on the Fifth Amendment, which protects one’s right against self-incrimination. If you invoke this right when you are arrested and in custody, the police cannot question you any further without the presence of your Pierce County defense attorney.

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Must Be in Custody and Under Interrogation


As soon as you invoke your right to legal counsel, police interrogation must stop immediately. If the police continue the interrogation without the presence of your Piece County defense attorney, any of your subsequent statements will be deemed involuntary and therefore inadmissible at trial.


Express Statement Invoking Right to Counsel


In order for you to properly invoke your Fifth Amendment right to counsel, you must clearly express the desire for the legal assistance Ambiguous or equivocal statements do not constitute a request for an attorney. Additionally, since the police are not required to ask you to clarify your ambiguous statement, it is imperative that you make your request very clearly.


Moreover, only the individual in custody and subject to police interrogation may invoke his or her Miranda rights. A person who claims to be the individual’s attorney cannot invoke this right.


Contact Us


For more information about properly invoking your Fifth Amendment right to counsel during police custody and interrogation, call Pierce County defense attorney

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