When Your Right to a Lawyer Begins

About this episode

This episode explores the realities of a suspect's right to counsel during police interrogations, highlighting the case of Moran v. Burbine.

When Can Police Question You Without a Lawyer? – Moran v. Burbine Explained Welcome back to Lawyer Talk ! In this deep-dive episode, host Steve Palmer and law student Troy unpack the realities of a suspect’s right to counsel during police interrogations. Contrasting popular TV drama depictions with what really happens when the police want to question someone in custody. What Really Happens When the Police Want to Question You? If you—or someone you care about—gets arrested, you might imagine a lawyer dramatically bursting into the police interrogation room to rescue the day. But as Steve Palmer and Troy explain starting at 00:02, reality is much different. Lawyers are routinely denied access to individuals in custody before formal charges are filed, no matter how many times family members call or how urgently attorneys demand to be present. Moran v. Burbine: The Case That Changed Everything Much of the law on this issue stems from the 1986 U.S. Supreme Court case Moran v. Burbine (01:06). Steve Palmer and Troy break down the facts: Burbine was picked up for a breaking and entering, but police suspected him of murder. His sister, unaware of the murder investigation, contacted the…

People in this episode

Host: Stephen E. Palmer

Guest: Troy

Topics covered

• right to counsel
• police interrogations
• Moran v. Burbine
• legal rights
• criminal justice

Keywords

• right to lawyer
• police questioning
• Moran v. Burbine
• Miranda rights
• criminal law

Mentioned in this episode

Organizations: public defender’s office, police

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