6th Amendment Right to Counsel

Los Angeles Criminal Defense Attorney

LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
The 6th Amendment to the US Constitution gives defendants the right to counsel in federal prosecutions, even if the defendant cannot afford an attorney.  This was later applied to state prosecutions in 1963 in Gideon v. Wainwright, 372 U.S. 335.  Having your attorney present during questioning is just as important as having an attorney by your side during court proceedings.  Whether you are being investigated or have already been arrested, there is simply too much at stake (your liberty) not to fight

In California, the right to appointed counsel exists for felonies and misdemeanors, but not for infractions.  Still, you have the right to be represented by an attorney for any level offense, infraction, misdemeanor or felony.  While court appointed attorneys can represent indigent defendants in court (for misdemeanors and felonies), appointments are not made until judicial proceedings are initiated.  This means that if you rely on court appointed counsel, you will not have anyone on your side until your arraignment (first court date).  It is often beneficial to have an attorney involved early in the process, while the investigation is ongoing and before charges have been filed.  This pre-filing representation can have the result of getting the detective to realize he/she has the wrong suspect, or can weaken the evidence that ultimately gets presented to the DA for filing consideration.

You never want to speak to law enforcement without an attorney present.  Having your attorney there will ensure that the police are not attempting to trap you further with statements.  If you have received a call from a detective, but not arrested, it is already wise to at least consult with an attorney.  It will probably be in your best interest not to give a statement at all, but if you do need to get your side of the story out, it should happen through your attorney and possibly a private investigator.  Statements that a suspect makes may be used as evidence.  Even seemingly harmless admissions can help to corroborate simple facts of a complaining witness' story. 

Additionally, the Supreme Court has ruled that the right to a lawyer implies the right to effective assistance of counsel.  Our Los Angeles Criminal Defense office handles a low volume of cases in order to ensure the fullest attention to each client's important matter.  Effective criminal defense involves thorough investigation, examining possible motion issues, identifying the client's most important objectives and doing everything possible to achieve those objectives.  There is a big difference between an attorney who merely reads over a police report and one who goes to check out a crime scene, identify cameras and witnesses and use the court's subpoena power to defend you.  The practice of criminal defense is, unfortunately, riddled with lousy attorneys, who are not passionate about defense work and simply want to take your money.  Others (both private counsel and public defenders) are overworked and spread themselves too thin to provide great defense.

If you are being investigated or questioned by law enforcement, you need to exercise your right to counsel and demand to have your attorney present.  If you have already been arrested or charged with a crime and now must appear in court, it is even more important that you have strong representation.  Choose a Los Angeles Criminal Defense Attorney with the passion, knowledge and dedication to get you the best outcome possible in your Southern California criminal case.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation.

KNOW YOUR RIGHTS

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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