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 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.
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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