As we celebrate Independence Day, commonly known as the Fourth of July commemorating the adoption of the Declaration of Independence on July 4, 1776 from Great Britain, I want to take a moment to reflect on some of the laws, one in particular, which continues to exist and evolve. It wasn’t until 1791that the first ten (10) Amendments to the United States Constitution were adopted. The Fifth Amendment to the United States Constitution has significant meaning for criminal lawyers, judges and anyone involved in the criminal justice system. Over the years, the Fifth Amendment has been interpreting by several courts, including the United States Supreme Court, to afford individuals certain rights when confronted and questioned by the cops. In short, the Fifth Amendment provides protection from self-incrimination. As such, despite what the cops may tell you, you don’t have to speak with them. And if you ask for a lawyer, then cops don’t get to ask you more questions unless you keep on talking to them. You don’t’ have to speak with an officer without a lawyer present. You have a right to speak with a criminal attorney or criminal lawyer, or any lawyer for that matter before making any statements to any law enforcement officer. But, you have to be brave and stand up for yourself. You have to tell the officer that you are not speaking to him or her without your lawyer.
One of the classic mistakes that people make is agreeing to speak with a cop, a FBI agent, a DEA agent, or any law enforcement agent when they show up to your home or place of employment and state that they want to speak with you. An officer arriving at your place of employment or home is generally the first clue that you need a criminal attorney or criminal lawyer. Surprisingly, many people will talk to these officers without an attorney or without requesting a criminal lawyer or criminal attorney. The United States Supreme Court in its decision in the case of Edwards v. Arizona, 451 U.S. 477, 101 S. Ct. 1880, 68 L. Ed. 2d 378 (1981), held that once a defendant invokes his Fifth Amendment right to counsel (meaning the need or right to speak with a lawyer) that the police must cease their custodial interrogation. Court decisions continue to turn on the meaning of custodial or custody rather than the questioning. In other words, when is a person considered to be in custody? Custody has generally been associated with a formal arrest or the deprivation of freedom of movement associated with a formal arrest. But, the court cases have not limited the definition of custody to simply being placed in handcuffs or taken to a police department. Custody has been found where law enforcement have questioned people in their own homes. The test for determining custody is now multifaceted. However, the Fifth Amendment affords protection to individuals who assert their right to speak with a lawyer, even without an officer advising a person of the Miranda warnings. The key is for the person to assert their right to a lawyer. And the assertion must be clear and not ambiguous. In other words, a question such as “do I need a lawyer” has been held to be ambiguous and not a clear assertion that the person wanted to speak with a criminal lawyer. In short, insist on speaking with a criminal lawyer before making any statements to cops. Your lawyer will thank you for being brave.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
We had a very unique case. It was confusing and complicated. Scott stepped in, helped and guided us on our journey. He was knowledgeable, professional and very honest with us. I highly recommend him if you are put in a circumstance where you need an attorney. His integrity is amazing. The entire firm was wonderful to us.
Scott Hamblin is reliable, trustworthy, very professional, and hardworking. I highly recommend him for any of your lawyer needs.
For accessible and experienced representation, contact attorney Scott Hamblin today.