When the Police Say "No Lawyer is Available": Lessons from State v. Daniels
The system doesn't always protect you automatically. You need a legal advocate who will scrutinize every minute of your police interrogation to ensure your rights weren't trampled.
If you are facing serious criminal accusations, you’ve likely heard the phrase: "You have the right to an attorney." But what happens when you ask for one and the police tell you that nobody is available to help?
A recent decision by the Wisconsin Court of Appeals, State of Wisconsin v. Jasmine C. Daniels, highlights exactly why you need an experienced criminal defense lawyer who knows how to protect your constitutional rights when the police overstep.
The Case: A False Choice at 3:00 AM
The case against Jasmine Daniels involved a tragic situation: the shooting death of her two-year-old daughter. During a high-stakes custodial interview at 3:00 a.m., Daniels did what every person under investigation should do—she requested an attorney.
However, the detectives told her that a lawyer would not be available until 9:00 a.m.. Believing she had no other choice, Daniels agreed to speak with them without representation. Over the course of several interviews, she eventually provided a confession.
The Legal Reality: Counsel is Always Available
The "misinformation" provided by the detectives was the center of this legal battle. While the police claimed they didn't know a lawyer could be reached, the State Public Defender’s (SPD) office provided an affidavit proving:
An attorney is available on a 24/7 basis for custodial interviews.
The Milwaukee Police Department was given a contact number for this service as far back as 1978.
The police department actually uses this 24/7 service several times every month.
Because the detectives misled Daniels about her access to counsel, the Court of Appeals ruled that her waiver of her Miranda rights was not "knowing, voluntary, and intelligent".
Why "Suppression of Evidence" Matters for Your Case
In criminal law, a motion to suppress is a powerful tool. If the police obtain a confession or evidence by violating your rights, a skilled defense attorney can ask the court to "throw out" that evidence so it cannot be used against you at trial.
In the Daniels case, the court reversed the initial conviction because the totality of the circumstances—including the misinformation about lawyer availability and the detectives' "rough" interrogation tactics—rendered her confession involuntary.
Key Takeaways:
Never Stop Asking: If you ask for a lawyer and the police tell you "one isn't available right now," do not start talking. Your request should stop the questioning immediately.
The Police Can Be Wrong: As seen in this case, even if detectives claim they don't know the rules, the court can still hold them accountable for providing "misinformation".
Coercion Takes Many Forms: Interrogators may use your background, education, or mental health against you. A lawyer acts as your shield against these high-pressure tactics.
Contact a Wisconsin Criminal Defense Lawyer Today
The Daniels decision is a victory for the Fifth Amendment, but it also serves as a warning: the system doesn't always protect you automatically. You need a legal advocate who will scrutinize every minute of your police interrogation to ensure your rights weren't trampled.
If you or a loved one are facing serious charges like reckless homicide or child neglect, don't leave your future to chance. Contact us today for a consultation.
