The Right To An Attorney In Criminal Cases

A criminal defendant, that is a person that has to defend themselves in a criminal case, has a right to counsel. This means that if you are charged with a crime, you have a Constitutional right to an attorney. I know, I know. You've seen movies and shows that have that famous line, "you have the right to remain silent...blah, blah blah, right to an attorney." But, for some reason, people still tend to spill the beans (even when there aren't beans to be spilled!) What I am trying to say is that, just because you are being pressured to confess - even if you didn't commit the act - don't confess! Please, consider your right to remain silent. More importantly, ASK FOR AN ATTORNEY TO BE PRESENT BEFORE YOU ANSWER ANY QUESTIONS!! 

I had a client, I will call him Helpy. Helpy was with his friend Stealy at a mall one day. Stealy decided that he really wanted sunglasses on display at the local Macy's. Well, Stealy didn't stop there... he also accumulated a grand total of $900 of stolen items. Helpy didn't actually help Stealy take any of the items, but he was there and didn't do anything to stop it. I'm not suggesting you EVER do this. If your friend is shoplifting in front of you, PLEASE, for the love of whatever you believe in, walk away and tell them they can see you when they are not doing something involving an illegal activity.

Anyway, Helpy called me one day - frantic.

Helpy: "Hello, Ms. B? This detective called my mom and wants me to come in. He says I committed a crime. But, I don't know what he is talking about, I haven't called him back yet because I wanted to speak to a lawyer."

Ms. B: "Do you have an idea why he is calling you?"

Helpy: "Nope."

Ms. B: "Let's meet in person.

Smart Move #1: Helpy said nothing over the phone. 

Sometimes (not all the time), when a person is being investigated, telephone conversations will be recorded. So, it's always best not to text or say anything incriminating over the phone if you know that you're being investigated about something.

 Smart Move #2: Helpy went to a lawyer BEFORE speaking to the detective

I have family members that are police officers, and I love them dearly. But, as a defense attorney, I'm of the opinion that speaking to detectives or police officers in an interrogational setting can be detrimental without an attorney. I had a client who confessed to a crime he didn't even commit because he was so afraid.

I was in court the other day, and was sad to see this occur:

Clerk: Would you like an attorney to defend you in your case, or do you want to represent yourself, sir?

Defendant: Well, I can't afford an attorney, but I do want one, yes.

Clerk: The question, sir, is if you want an attorney. Yes, or no?

Defendant: I do. But, I can't afford one. What should I do?

Bailiff: We're not here to give you legal advise sir. Answer the damn question, do you want an attorney or do you want to defend yourself?

Defendant: I guess, I'll defend myself.

Clerk: Was that hard?

Bailiff: [whispering to clerk] don't you just hate stupid misdemeanor clients?

Might I add, this man was in there because he was driving with a suspended license.

When you go to court, you have a right to a Public Defender. The State of California will provide you a lawyer to represent you for free if you cannot afford an attorney. It doesn't make it the best representation, but it's better than representing yourself sometimes. If you don't know the law, and don't know what to do, you might not be able to adequately represent yourself.

So, always hire an attorney - or if you can't afford one, ask for a public defender (PD.)