In Maryland and everywhere else in the United States, a person who is arrested is constitutionally entitled to have a lawyer. This is particularly important when law enforcement officials are interrogating an arrested person. Police officers are trained in methods of asking questions that can get the defendant to admit certain parts of the crime and/or otherwise confess.

When asking for a lawyer, it is important that you are clear when you ask for your lawyer. The recent case of Savage v. State of Maryland, Case No. 635 (Appellate Court of Maryland 2025) is a good example. In that case, during questioning by Maryland police, the defendant said either that “I might want to get a lawyer” or “I’m contemplating wantin’ to get a lawyer.” Ultimately, the Appellate Court held that neither statement was a clear statement that the defendant wanted a lawyer. Thus, the court did NOT exclude certain statements from being used at his trial. The defendant was convicted by a jury in the Circuit Court for Montgomery County of voluntary manslaughter and other charges.

If you have been arrested and charged with a crime, you need experienced and dedicated Maryland criminal defense lawyers. Contact us here at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland. Below is more information about your right to legal counsel.

Maryland criminal law: the right to a lawyer and the right not to incriminate yourself

When a person who has been arrested asks for a lawyer at any time during questioning by the police, questioning must stop until a lawyer has been made available, OR the arrested person restarts the conversation. This is probably the most important thing meant when it is said that an arrested person has a right to an attorney — the police have to stop asking questions. Note that when a person asks for an attorney, they need to stop talking and not, in any way, voluntarily restart the conversation.

If the police do not stop asking questions, anything said by the arrested person is not admissible in court. That is, any of those statements will be excluded from use at the criminal trial.

Now, the law is also clear that when an arrested person asks for a lawyer, the request must be clear, unambiguous, and unequivocal. Including the two examples from the case cited above, courts have held that these statements are NOT clear and unequivocal requests for lawyers:

• “I might want to get a lawyer.”
• “I’m contemplating wantin’ to get a lawyer.”
• “Maybe I should talk to a lawyer.”
• “Maybe I need an attorney.”
• “Possibly I need an attorney.”

The legal lesson here is that when you are asking for a lawyer, make sure that your request is clear. Do not use the words “maybe,” “possibly,” or any other words that suggest you might not be serious about your desire for a lawyer.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.