Legal Question in Criminal Law in Massachusetts
Rights violated?
If I was being interrogated and didn't want to talk until I could call someone who could advise me of my legal rights (not an attorney), and I was denied that, would that be considered a violation of my rights? The person I would have called worked at my school and had experience with the legal system and works within the criminal justice system. (I was eventually sentenced to life in prison.)
2 Answers from Attorneys
Re: Rights violated?
I'm sorry to hear of your situation, but you are not entitled to stop a police interrogation because you want to consult with someone who is not an attorney. If you tried to stop the police interrogation because you asked to speak to an attorney, that would have been different. But the law does not recognize non-lawyers as competent to give legal advice, and doesn't recognize any right to consult with non-attorneys for legal advice.
Re: Rights violated?
You have an absolute right not to be questioned if you are seeking representation of counsel, and you advise the police you want to exercise this right. However, if you went to trial, one would have to review your trial transcript and pleadings to see what post-trial rights you have.
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