When you have been arrested and charged or are facing charges, you should consider retaining a criminal defense attorney Fairfax VA offers as soon as possible. Virginia Crime and Traffic Law Firm, LLP has been fighting for people’s’ rights for over two decades. Guided by experience, determination, and confidence, we aim to assist clients in having their charges reduced or dropped. To speak with a Fairfax criminal defense attorney, please call our firm today.
When should I agree to police questioning, and what are my rights to obtaining a lawyer?
As a criminal defense attorney in Fairfax VA, we recommend that you refrain from conversing with a police officer about a crime that you are accused of committing or being involved with. Even if you may be completely innocent, or you feel there are special circumstances involved, you could put yourself at risk. Some police and investigators are very good at distorting what may seem like an innocent statement. They could manipulate situations and take advantage of people when they are most vulnerable. When you agree to talk with the police, anything you say can be used in a court of law. To add to this, a police officer may have a predisposed opinion of you. Overcoming this bias could prove difficult. For these reasons alone, you should have a criminal defense attorney Fairfax VA provides on by your side.
Understanding the 5th Amendment
Police are not required to read your Miranda Rights just to ask you questions; they are only required to read them when you are being arrested. For example, they might want to know where you have been or where you are going. How you choose to answer, even the simplest of questions, is up to you. You can also decline any questioning and invoke the 5th Amendment. In the US Constitution, the 5th Amendment says you cannot be arrested for refusing to answer questions by the police. You might be asked to come to the station for further questioning. In that case, you can choose to consult with or bring along a criminal defense attorney Fairfax VA trusts.
Understanding the 6th Amendment
The 6th Amendment of the Constitution guarantees the right to legal counsel during any criminal proceedings. Depending on the state you are in, this could include legal counsel during police questioning or judicial proceedings. For example, you might not have the right to an attorney until formal charges have been filed, regardless of whether or not you are in police custody. Therefore, you might not have the right to speak to an attorney until charges are filed and criminal proceedings have been initiated. The proceedings include interrogation, questioning, arraignment, physical examination, and more.
That being said, the right to an criminal defense attorney Fairfax VA respects could apply before charges are filed in a few different situations. For instance, if you have been taken into custody and are being interrogated, you can ask to have an attorney present. As soon as you make this request, the interrogation cannot continue until you have spoken with an attorney. From here, your attorney can speak on your behalf and help to formulate a strategy of defense. If you do not have the money to afford an attorney, one must be provided by the U.S. Government. In general, having a private criminal defense attorney Fairfax VA has to offer will be much better than a public defender.
To speak with Virginia Crime and Traffic Law Firm, LLP, a criminal defense attorney Fairfax VA residents can rely on, please call (703) 455-0046 now.