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The Right to Counsel in a Criminal Case

Ollman Lopez was in jail in Pennsylvania. He was charged with possession and sale of illegal drugs. Detectives from the state of New York went to Pennsylvania and interviewed him in jail. The New York detectives did not make an inquiry as to whether Ollman was represented by an attorney regarding the Pennsylvania criminal charges.

Ollman Waives His Right to Counsel

At the time of the interrogation, Ollman waived his right to have an attorney present. He then made statements which implicated him in a robbery in Staten Island that took place in 2002. A store clerk died during the course of this robbery. Mr. Lopez was convicted in New York state regarding the Staten Island robbery. His attorney appealed. His attorney argued although Ollman did not have an attorney representing concerning on the New York criminal charges, he was already represented by an attorney on the Pennsylvania criminal charges.

Conviction Overturned

The New York Court of Appeals, the highest court in New York, in overturning his conviction, stated a defendant who has an attorney even in an unrelated criminal case can not waive his right to counsel unless the attorney is present to advise him regarding this matter.

The Law Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

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