Under a recent decision, the U.S. Supreme Court issued an opinion yesterday in Maryland v. Shatzer that allows police to re-question a defendant after he invokes his Sixth Amendment Constitutional Right to a Lawyer, and the Fifth Amendment Right to Remain Silent. The Court determined that confessions are admissible where police cease questioning at the invocation of either of these rights, and reconvene the questioning after 14 days. (see also NPR story by Nina Totenberg; Tony Mauro, National Law Journal, “‘Miranda’ Dealt One-Two Punch by High Court.”). In a related case, Florida v. Powell, The State of Florida “re-wording” of the Miranda warning–omitting the Right to Attorney–was held to be constitutional.
If you have been accused of a crime, DO NOT speak to the police. You have the ultimate responsibility in safeguarding your own constitutional rights. Contact an attorney immediately to insure that your rights are protected, and insist that questioning cannot continue until your lawyer is present. Refuse to answer any questions, and invoke your Fifth Amendment privilege right away. Make it absolutely clear that you refuse to answer any questions until your attorney is present.
This article is not intended to provide legal advice or to establish an attorney-client relationship. Please seek legal assistance from an attorney. This article was written for entertainment and educational purposes only.