What are the rights of a criminal defendant during interrogation?

In California, criminal defendants have certain rights that must be respected during interrogation. These rights include the right to remain silent and the right to have an attorney present. The Fifth Amendment to the United States Constitution guarantees that a criminal defendant cannot be forced by the police to give a statement of any kind. This is known as the right to remain silent, and it means that a defendant does not have to answer any questions or provide any information to an interrogator. Moreover, the Sixth Amendment of the United States Constitution guarantees criminal defendants the right to consult with and have an attorney present during interrogation. This right is extended even if the defendant cannot afford an attorney. If the defendant cannot afford an attorney, one will be appointed for the defendant by the courts. It is important to note that the police are permitted to ask questions during an interrogation, even if the defendant invokes their right to remain silent. However, courts have held that the police must respect the defendant’s invocation of the right to remain silent. For example, if the defendant tells the police they do not wish to answer any more questions, the police must cease asking questions. In sum, the right to remain silent and the right to have an attorney present during interrogation are two of the main rights that criminal defendants have during interrogation in the state of California.

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What are the rights of a criminal defendant during interrogation?

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