Right To Attorney

The 6th Amendment Definition

An individual has the constitutional and statutory right to have an attorney present during any police initiated questioning. The suspect cannot be required by law enforcement to answer questions unless counsel is present if the request is made. In fact, once the request for an attorney is made, law enforcement may not reinitiate questioning of the defendant regarding that charge. Once charges are filed the individual also has the right to be represented by counsel during the court proceedings. If the individual cannot afford to retain private counsel, he/she has the right to request that counsel be appointed at State expense.

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