The constitution of the United States provides for law against self-incrimination in the Fifth Amendment. Read the criminal defendants rights to an attorney.

1. Criminal Defendants Right to an Attorney and the Right to Remain Silent
Even though the Constitution of the United States provides for laws against self-incrimination in the
Fifth Amendment, and the right to counsel in the sixth amendment, it wasn’t until the 1960’s that
these rights were codified into criminal law. In 1964, the Supreme Court, through the case
Escobedo v. Illinois, established that individuals were entitled to have a lawyer present during
police interrogation. In 1968, Miranda v. Arizona ascertained that criminal suspects must be
advised of their right to silence before they are expected to answer any interrogation during an
arrest.
These statutes are largely meant to protect
criminal suspects from forced confessions or
from their volunteering information which will
incriminate them. Despite these rights being
conveyed in the United States Constitution, and
their subsequent clarification by the Supreme
Court, many Americans routinely experience
breaches to these laws by law enforcement
officials. This is why, in Nevada, it is important
that a person contact a top criminal lawyer in
the event that he or she finds themselves in the
position of unexpectedly being a criminal
suspect.
There are a number of reasons why the counsel of a top criminal lawyer in Reno can make a
significant difference in the way your case is handled in a court of law. If, for example, you are
pulled over in your car, for whatever reason, and you find yourself taken into custody, whether you
have committed a crime or not, you are still entitled to the right to remain silent. As such, law
enforcement officers are required to give suspects the Miranda warning at the moment of custody.
At that point, a suspect can either waive their rights and continue answering the officer’s questions,
or accept their right to remain silent and force the officer to suspend questioning. This is important
because any answers given after a suspect accepts his rights will be deemed inadmissible in a court
of law. In addition, any information a suspect voluntarily gives before being taken into custody and
given his Miranda rights can be used against him in court.
Similarly, the right to an attorney is a protection that not every citizen knows how to exercise.
Although it is easy enough to invoke your right to an attorney, many people are so shocked and
perplexed by being taken into custody that simply forget the rights allowed to them by the
Constitution and Supreme Court decrees. Most simply, all a suspect has to do is communicate to the
arresting officer the words “I want a lawyer,” just as one must verbally convey “I want to remain
silent.” By asserting the right to silence and his right to an attorney, a suspect is successfully
protecting his right to fair representation when his case is brought to court. However, these simple
assertions don’t always protect suspects from overzealous law enforcement officers, so it is always
the best idea to confer with a top criminal lawyer in Reno as soon as you have become a suspect in
any criminal activity, whether guilty or not.
For further information or to schedule an appointment with the top criminal lawyer in Nevada, Ken
McKenna, please call 775.329.6373 or visit www.KenMcKenna.com.