When you are being questioned for a crime or are being arrested you need to have a lawyer!! I cannot stress this enough! Always have a lawyer present.
Because this is so important, you have a constitutional right to have an attorney present any time you are being questioned!
But, you must invoke this right. We have all heard of Miranda warnings, which includes your right to have a lawyer present. In order for you to use these rights you must invoke them.
There is a story getting some traction out of Louisiana that is troubling in many ways.
Warren Demesme was facing charges of rape in Louisiana. When the police began questioning Warren he told the officers “….just get me a lawyer dog….”
When you invoke your right to having an attorney present, law enforcement are supposed to stop questioning you without your lawyer being present. However, police continued to question Mr. Demesme and Mr. Demesme eventually confessed to the crime.
Mr. Demesme’s public offender filed a Motion to Suppress these incriminating statements due to the 6th amendment violation.
Louisiana’s Supreme Court issued a ruling this week denying to suppress the statements from the trial against Mr. Demesme.
“if a suspect makes a reference to an attorney that is ambiguous or equivocal . . . the cessation of questioning is not required.” Crichton then concluded: “In my view, the defendant’s ambiguous and equivocal reference to a ‘lawyer dog’ does not constitute an invocation of counsel that warrants termination of the interview.”
Thats right… The Supreme Court of Louisiana interpreted this statement to mean that Mr. Demesme was in fact asking for a lawyer dog and not a lawyer.
When you ask for a lawyer, be clear and exact. I want an attorney! Do not say anything more than that.
If you are being questioned by law enforcement give us a call 762-200-2924
Tyler Moffitt is a Family Law and Criminal Defense Attorney who practices Carrollton, LaGrange, and Columbus, GA. He graduated from John Marshall Law School, and has been practicing for several years now. Tyler Moffitt takes great honor in defending the accused. Learn more about his experience by clicking here.