Additionally, the request for an attorney is offense specific. This means that a person who is being investigated for more than one offense, must specifically request an attorney as it relates to each matter. In other words, if someone is being investigated for two separate offenses, he or she must make it clear that the request for an attorney applies to each offense. The same holds true if a person is being investigated for a new offense in conjunction with a probation violation.
Monday, August 10, 2009
Miranda Rights Cannot Be Equivocal
A request for an attorney must be conveyed to law enforcement in a clear unambiguous manner. Should there be any question as to the true intention of the speaker, law enforcement is not required to take steps to determine the statement's meaning. In other words, law enforcement can continue to question a suspect as if he or she never asserted a right for counsel. To avoid any undue prejudice, request an attorney in a clear manner and immediately upon being taken into custody.
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