The right to have a criminal attorney with you in the course of any police questioning has long been a fabric of our legal society since the mid-1960s. The U.S. Supreme Court ruled in the 1966 landmark case of Miranda v. Arizona that criminal investigators are expected to advise people of their Constitutional legal rights prior to asking any questions (Miranda Rights). Among those rights is the right to have a criminal defense lawyer present during any and all questioning.

Other Supreme Court decisions have licensed most every police questioning tactic, which includes lying to and deceiving the suspect. Police may intimidate you by the threat of arrest, lie to you relating to their knowledge of the facts, lie to you about an eyewitness who has identified you, and let you know they will work with the prosecutor to help you out. With that knowledge of police interrogation ethics, is it any wonder why you should demand a lawyer during the process? If not, you are choosing to enter a combat with no armor and no weapon.

Most individuals are not familiar with these "rules of the game" when approached by police. Many may not even realize they are really being setup to be a suspect. What might seem like a friendly, casual law enforcement encounter can quickly change to a scenario with you in cuffs with a free ride to the city jail. It is essential that you choose to protect yourself from misinterpretations, misrepresentations, and misinformation. A competent criminal defense attorney will be ready to spot these typical law enforcement techniques. He will then be able to present you with reliable advice as to what questions to answer, and when to say enough is enough.

Believe me when I tell you that police investigators will say nearly anything and make you feel as uncomfortable as possible to get you to speak to them quickly, before you have had the opportunity to seek legal advice. You should decline any comments concerning a criminal matter, whether you've got anything at all to do with it or not.

Too many charges have been brought against clients due to misinterpretations of statements. Remember the scene from My Cousin Vinny in which Ralph Macchio is repeating back the question to the sheriff, "I shot the clerk". To him, he was shocked by the question; in trial it was used against him as a declaration of admission. This is not unusual in criminal law.

The magic words that conclude all law enforcement questioning are, "I want to speak to an attorney." Protect yourself, your reputation along with your freedom. At all times demand a criminal attorney for all law enforcement interrogation.

Attorney James Garrett is the founding member of Garrett Law Group, PLC in Virginia Beach, VA. If you are in need of a Virginia Beach criminal lawyer, please contact him at (757) 422-4646.

Please visit our firm's blog for more information on Virginia criminal defense law.

Author's Bio: 

James Garret is the founding member of Garrett Law Group, PLC in Hampton Roads, VA. His firm staffs attorneys for criminal defense, lawyers for traffic tickets, family law attorneys, and accident injury lawyers.

Virginia Beach Criminal Defense Attorney