“I Want to Speak to an Attorney”: the Sixth Amendment Right to Counsel

The phrase, “I want to speak to an attorney” is a familiar refrain in movies and television shows, often in the context of having an attorney present during police questioning. And there’s a good reason for that.

The Sixth Amendment of the U.S. Constitution guarantees the rights of criminal defendants, including the right to legal counsel. In a case from 1970 (McMann v. Richardson), the Court held that the right to counsel is the right to the effective assistance of counsel. Whether counsel was effective and whether a defendant’s right to counsel was violated have been addressed in numerous cases.

In the 2022 case of State of Wisconsin v. Arrington, the defendant was convicted of first-degree intentional homicide with the use of a dangerous weapon and being a felon in possession of a firearm. While in custody, Arrington had conversations with a fellow inmate during which Arrington made incriminatory statements. The inmate secretly recorded these conversations, and the recordings were admitted into evidence during trial without objection from Arrington’s lawyers.

In his appeal, Arrington argued the secret recordings should not have been permitted as evidence and that his sixth amendment right to counsel was violated, citing ineffective counsel that did not object to the recordings being admitted as evidence. The Wisconsin Court of Appeals agreed, concluding that the defense counsel's failure to try and have the recording suppressed fell below an objective standard of reasonableness. The conviction was reversed.

Upon review, the Wisconsin Supreme Court concluded that Arrington’s sixth amendment right to counsel was not violated because the jail inmate was not acting as a state agent when he recorded his conversations. Furthermore, the Court concluded that defendant’s counsel was not deficient in failing to object to the prosecution’s use of the recordings. The Wisconsin Supreme Court reversed the Court of Appeals decision and affirmed the circuit court’s judgment of the convictions.

“I want to speak to an attorney” should be stated by anyone charged with a crime. Having effective legal counsel is critical to the outcome of the case. If you are facing a criminal charge, speak with an experienced criminal defense attorney immediately.