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He also stressed that the Law of Criminal Procedures guarantees defendants' rights, including the right to an attorney during the processes of investigation and prosecution and the right to contact and inform any person of their detention.
When District Judge Tanya Chutkan asked for a response from the Justice Department, they revealed the FBI interrogators had informed the citizen of his right to an attorney.
Martinez contends: (1) her attorney was ineffective because he misplaced a written statement Martinez intended to read at the sentencing hearing, thereby requiring her to speak extemporaneously, compromising her right of allocution; and (2) counsel failed to withdraw after Martinez allegedly notified him that she wanted to hire a different attorney for the sentencing hearing, violating her right to an attorney of her choosing.
NGOs decried the defendants were denied the right to an attorney and seeing the police report to be informed of the charges against them.
The newspaper spoke to an alleged former suspect at the site and several local attorneys who reported the Homan Square compound was being used to deny people their Fifth Amendment right to due process and Sixth Amendment right to an attorney.
But rights advocates were quick to express concern over possible efforts by President Barack Obama's administration to use a provision waiving the need to inform Tsarnaev of his right to an attorney or to remain silent.
Your company has the right to an attorney of its choice.
How about, for example, recognizing that in wartime there might be legitimate grounds for preemptively detaining a person for a prescribed and limited period of time on a suspicion of plotting a major attack, while still denouncing the notion that such a person doesn't have the right to an attorney or to a speedy trial?