Louisiana Criminal Defense: If You Have Demanded A Lawyer, Do Not Waive That Right By Starting To Talk

One of the rights guaranteed by the U.S. and Louisiana Constitutions is the right to counsel. That is the right to consult with and retain a Louisiana criminal defense attorney. The U.S. Supreme Court confirmed this right in the case of Miranda v. Arizona, 384 U.S. 436 (1966).

As a criminal defendant, you have the right to a lawyer AT THE START of the criminal proceedings, not just at the time of trial. That is, you have a right to have your lawyer present at the very beginning when, for example, law enforcement officials are asking you questions. When the police ask you questions, this is legally considered an INTERROGATION. You probably want your lawyer present when the police are interrogating you.

To exercise your right to a lawyer, all you have to do is say something like, "I want my lawyer." You can be more formal and say "I exercise my right to a lawyer and refuse to speak until my lawyer is present." But, the phrasing is not important. Any unambiguous statement that indicates you want a lawyer is an exercise of your Constitutional right to an attorney and/or your right to remain silent.

After that, the interrogation by the police must end. If the police continue to question you, they are violating your rights, and anything you might say will likely be excluded from use at your trial.

However, there is a large exception to this rule where you can be deemed to have WAIVED your right to counsel. This can happen if, AFTER demanding your attorney, YOU begin a conversation with the police. This can also happen if, after demanding your attorney, the police provide you with information -- not questioning you, just providing information -- and then YOU just start giving information to the police. Under either circumstance, the judge will likely say that you WAIVED your right to an attorney being present during a police interrogation.

This is what happened in the Louisiana criminal case of State v. Scott, 360 So. 3d 92 (La: Court of Appeals, 5th Circuit 2023). In that case, Osiris L. Scott was arrested for armed robbery and felon-in-possession of a gun-related to a carjacking. When Scott was in the police interrogation room, the police lieutenant Renaudin read Scott his rights. Thereafter, Scott said that he "wanted a lawyer." The lieutenant asked Scott if he wanted a lawyer right then or wanted to sit and listen to what the lieutenant had to say. According to the video of the interrogation, Scott responded, "Yeah, I want a lawyer, but I want to hear what you have to say." 

The lieutenant then explained the investigation, the evidence the police had collected showing the defendant's involvement in the carjacking, encouraged Scott to tell his side of the story, talked about closure and rebuilding his life, and allowed Scott to write an apology letter to the victim and her kids.

At various points, Scott made statements like "I didn't want to hurt nobody" and explained that the gun was not real, that he just wanted the car, and he wanted a fix. Scott also told the lieutenant that the gun involved (and other items) were thrown away in New Orleans.

Later in the case, Scott's attorney argued that all of Scott's statements made in the interrogation room should be excluded from use at trial because Scott made all the statements after asking for his lawyer. However, the trial just denied Scott's motion to suppress. The judge held that, despite Scott's request for counsel, Scott voluntarily, and on his own initiative, subsequently made the statements and admissions regarding his involvement in the carjacking.
On appeal, the Louisiana Court of Appeals agreed.

The Scott case is a good example of what NOT to do if you are in a police interrogation room. If you ask for a lawyer, then say nothing until your experienced Louisiana criminal defense lawyer arrives.

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.

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