What Every Client Should Know Before a Custodial Investigation

Article III, Section 12 of the Constitution guarantees the right to competent and independent counsel, preferably of one's own choice, from the moment a person is taken into custody. Waivers must be in writing and made in the presence of counsel — a signature on a pre-printed form does not qualify.

Any statement taken in violation of these rights is inadmissible. That protection, however, is only as strong as the client's discipline to remain silent until counsel arrives.

I advise clients to state, calmly and once: their name, the name of their lawyer, and the request to contact that lawyer. Everything else waits.