WHAT YOU SHOULD KNOW ABOUT YOUR RIGHT TO AN ATTORNEY
This fact sheet provides you with basic information about your right to an attorney if you are
suspected of committing a crime or if anyone should read you your rights.
1. THE BASIC RULE: DO NOT SPEAK TO ANYONE WITHOUT YOUR ATTORNEY PRESENT!
The United States Constitution guarantees anyone who is suspect the right NOT TO BE questioned by the police without their attorney present. This basic right ensures that you do not become the key witness in an investigation against yourself.
2. WHAT TO DO IF YOU ARE QUESTIONED:
If you are read your rights and questioned,
a. You should give your questioner your name and show them your identification.
b. You should inform the questioner that you do not wish to talk to them without an attorney. All questioning must stop at this point.
c. If questioning does not stop, remain silent.
d. Do not lose your temper or be tricked into speaking to anyone
3. WHAT TO EXPECT:
a. Once you ask for an attorney, most law enforcement officials will immediately
stop asking you questions. However, some may encourage you to talk to them
alone by telling you "only guilty people ask for lawyers". Do not be fooled by
these tactics. Remember, the persons questioning you are trying to get
information from you and believes you are guilty. Continue to ask for anattorney and remain calm and silent.
b. When you exercise your rights to have an attorney present, remember all
questioning must stop. Speak to an attorney as soon as possible who will be able
to help you decide whether it is in your best interest to make a statement.
c. An attorney will ensure you are interviewed fairly and will read any written
statement you make to be sure it is accurate.
d. If you are released by the police, DO NOT discuss your case with anyone
including: police, social workers, psychiatrists or chaplains, your friends, family,
roommates, boy friends or girls friends.
4. WHEN ARE YOU ENTITLED TO AN ATTORNEY:
a. When you are suspected of committing a crime-Your attorney will discuss your
rights as a suspect, including your right to have your attorney present for
questioning, lineups, writing or voice samples.
b. When anyone reads you your rights-Your attorney will discuss your rights as a
suspect and the charges against you.
c. When charges are filed against you- Your attorney will represent you at all stages
of the criminal proceedings and at all court hearings.
5. WHAT YOU ATTORNEY WILL DO FOR YOU:
a. Your attorney will discuss your rights as a suspect, including your right to have
your attorney present for questioning, lineups, writing or voice samples.
b. Your attorney will discuss your rights as a suspect and the charges against you.
c. Your attorney will represent you at all stages of the criminal proceedings and at
all court hearings.
6. FOR MILITARY PERSONEL ONLY (ACTIVE AND RESERVE)
If you have been charged with a crime under the Uniform Code of Military Justice (UCMJ)
contact your local Trial Defense Services or contact http://www.jagcnet.army.mil/22ndLSO
for further information.