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Waiving Your Right to Counsel

By Baker Associates

The right to counsel is one of the most fundamental and constitutionally well-protected rights that Americans enjoy. The fundamental premise of the right to counsel is that the law recognizes that attorneys are formally trained in, and are supposed to be intimately familiar with, the law and that citizens have the right to rely on the expertise of attorneys rather than risk incriminating themselves with regard to possible criminal charges. This essentially protects defendants from giving inculpatory statements, such as confessions, or cooperating with something like a warrantless search which may seem to be in the defendant?s best interest at the time but which experienced criminal counsel would know is almost never a good idea.

Full post as published by Tennessee Criminal Lawyer Blog on November 12, 2010 (boomark / email).