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Would be interested to hear a legal opinion on this. In the US, you do have a constitutional right to counsel (Assistance of Counsel clause of the Sixth Amendme
by ethbro 10y ago
Would be interested to hear a legal opinion on this. In the US, you do have a constitutional right to counsel (Assistance of Counsel clause of the Sixth Amendment), generally of your choice.
From my reading of the case law, the crux would be that right to counsel can only be invoked "at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."
Does an NSL constitute adversarial proceedings? Also, how does right to counsel work with other legal gag orders (e.g. if I'm cooperating to provide information on a criminal case but have been ordered not to inform the targets)?
- hobarrera 10y agoIMHO you have a right to counsel because as a normal citizen, you can't be expected to actually understand if the letter is valid, legal, etc. That's actually exactly why we have counsellors.