You may be aware that the US and Ohio Constitutions bestow the right to counsel upon an accused (fn1). But do you know how to invoke your right to counsel? Imagine you are in custody and being interrogated by police after they gave you your Miranda Rights. The US Supreme Court has said that police cannot question you if you invoke your right to counsel unless a lawyer for you is present. But how do you invoke that right?
The US Supreme Court has said that "maybe I should talk to a lawyer" is not good enough
(fn2). Ohio's Second District Court of Appeals has said that asking "may I find representation?" is not good enough either (fn3). And Ohio's Tenth District Court of Appeals has held that "where's my lawyer" was not enough to invoke the right to counsel (fn4).
"I want a lawyer" seems to be required. So the next time you are in custody and being interrogated by police, and if you want a lawyer present, you may want to tell them "I want a lawyer" and say nothing more. Repeat it, if necessary. "I want a lawyer." "What?" "I want a lawyer." "Let me clarify what you are saying here because we need you to be honest with us and tell us your side of the story so we can help you out." "I want a lawyer."
fn1
Constitution of the United States, Amendment VI, Constitution of Ohio, Article I, Section 10
fn2
Davis v. United States, 512 U.S. 452
fn3
State v. Knight, 2008-Ohio-4926, paragraph 112
fn4
State v. Williams, 2003-Ohio-7160, paragraph 50 (which includes a great collection of examples)
