A criminal investigation is scary in real life and very different from the many cases that are watched on television every day. Whether it is a murder investigation, a sex crime, or just accusations of drug or alcohol related crimes, the process can be hard for the average person to handle. Thankfully, every person is allowed the right to council as well as the right to an attorney. What most people don’t know is that there is a difference between these two.

When a person is suspected of being involved in a crime the police may take them into custody. Specifically at this time the police will cite the Miranda warnings “You have the right to remain silent…” etc. What this means is that the police intend to hold that person in custody for the purpose of interrogating them and finding out what they may know about the crime. This is when all people have a right to an attorney. The fifth amendment says that an attorney must be present for an interrogation if the person being interrogated asks for it, and they don’t have to say anything until an attorney is brought down to the station. The attorney may not necessarily know the situation before arriving, and the person being held may not yet be charged with anything but can at least be there to suggest not to answer various questions.

If a person is charged, they may not want to keep the same lawyer that was with them for the interrogation. While the law that allows people who are charged with the right to council, which is what a lawyer is referred as at this stage, the laws that the person will be charged under are probably state laws, so they will need a good criminal attorney. Arizona for example has different criminal charges than states in similar situations nearby, like New Mexico. At this point the charged is being treated in an adversarial setting and that is why they need council, to make sure that they are being treated fairly at a time when others may not care about them.

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