Does Telling The Police You Want An Attorney Always Work?

Does Telling The Police You Want An Attorney Always Work?

Once you ask for an attorney during a police interrogation, you’re safe, right?

Not necessarily.

Here in Wisconsin, our state’s supreme court stated that you can indeed waive your right to counsel even if you, at first, ask for a lawyer.

In the case of State of Wisconsin v. David W. Stevens, the defendant had at first waived his right to an attorney, then decided he did want an attorney, but then changed his mind again. The police officer told the defendant his rights (again) and the defendant said confirmed that he indeed was not asking for an attorney.

While talking with the police officer, of course, the defendant then made statements that incriminated him. The state supreme court ruled that the defendant had indeed waived his right to counsel, so those incriminating statements could be used against him in court.

What Does That Mean For You?

You do not have to make the mistake of thinking that you should represent yourself. When you have been arrested, whether you are being interrogated by the police or you are at some other phase, you want to work with someone who can help you understand what your rights really are and, equally important, how to protect them.

If you would like to learn more about what might be at stake in your situation, please feel free to call our office.