What are Dzhokhar A. Tsarnaev Rights to a Lawyer Now and Who might it be?

I am curious about this law they have enacted for this.Am I correct that the FBI or whomever have 48 hours to question him before reading the Miranda rights?

If this is the case, I assume he will be allowed a public defender. Last I heard I believe was that his aunt was a lawyer, but she couldnt do it for obvious reasons, ie. conflicting interest etc.

So, where dost that leave us? Are we going to have a hot shot step up to the plate and have a dog and pony show, and who will pay for them, or will he be left to a public servant?

Has anyone heard anything yet about who might be interested in taking this case?

I just feel there are so many ways this can go and Im curious as to what some of your opinions might be on the subject

If he's an American citizen, I want him to have the rights anyone in a similar situation would legally have or we are all on the path to being declared enemy combatants too easily. As to the lawyer, whoever he can afford .

reply to post by onehuman


I think it is a very strange situation. If they are going to question him WithOut a Lawyer, they will probably waterboard the answers out of him.

Then when they have everything they need to convict, they will allow him to have a lawyer.

How do you suspect a lawyer to defend that?

It is a Double-Edged Sword.

P.S. .. They will probably just detain him Indefinitely so he will not have a need for a lawyer. .. .. Ever.

I read an article earlier today that stated that the Federal Public Defender's office will be taking his case.

As it stands, he has not been charged yet.

Supposedly they were readying charges earlier today that were supposed to be filed.

And, of course he deserves due process.

He's probably going to end up in Enemy Combatant status and then get no rights at all.

~Tenth

reply to post by ShadellacZumbrum


Well the kid is still in serious condition in the hospital. So it is not like they have secreted him off to one of their black sites where they like to do things like waterboarding, sleep deprivation, electrocute his balls, have him stand in stress positions for days on end.

reply to post by GrantedBail


I also agree that as an American Citizen he is entitled to a Due Process.

Unfortunately for him, since 9/11 allot of laws have been created to protect the "Public".

If in fact they exercise the Exemption of his Miranda Rights and question him without a lawyer, you will know right then that the boy has No Rights.

reply to post by tothetenthpower


No, I hope not Tenth.

I read something different earlier.

Sad thing is, everyone is calling for the kid's head. The general public is not about equal justice under the law. I feel like I am in a bad western movie.

reply to post by GrantedBail


You had better believe that OUR Country is sparing No Expense on his recovery. And if he needs a million dollar surgery to be able to talk again WE are going to make sure he gets it.

And then when he all better and in workable condition, Then they will send him to the guys that possess some really handy tools for EXTRACTING Information.

reply to post by ShadellacZumbrum


As I read the statute, that exemption only applies to ongoing threats to the public. In other words they can question him about other bombs or actions that would lead to more mayhem...period. They can't take away the kid's right to remain silent and have a lawyer.

If they go full NDAA on the kid, everyone in this country should be out in the street.

But, I don't think so. The Federal Public Defender's Office already said expect the case as soon as the kid has been charged.

reply to post by GrantedBail


Just wait until they're in a legal situation down the line. We all dictate the future of our country, they can remember how they helped burn it to the ground.

reply to post by ShadellacZumbrum


Oh, I see. You are all about violating the Geneva Convention. You must be a friend of W, he also thought it was "quaint". You probably are ok with all those uncharged men down there in Guantanamo too.

Yeah, we have nothing in common.

reply to post by GrantedBail


Although it could go in many different directions, I can say one thing with a High Degree of Certainty . .. The Government is going to be Very Creative with how they proceed.

reply to post by GrantedBail


This bothers me. He allegedly committed the crime in Massachusetts. Why a 'feral' public defender? It's pre-meditated murder. Is there some issue relating to his citizenship status? Let Massachusetts prosecute him, and once he's in the can, they can question him all they want. He won't be going anywhere. After all, premeditated murder should be enough for a life sentence, oh wait, it's Massachusetts. It's 3 counts of premeditated murder and conspiracy to commit murder. Why muddy the waters by letting the feral government get involved. I've watched 'Law & Order', this should be a slam dunk.

reply to post by GrantedBail


Apparently you failed to read my other posts. I Believe that Every Everyone has Rights. By Doctrine NoONE has the right to take those Rights away.

However, that very thing is happening to each and everyone of us on a daily basis.

When I say that they are going to physically extract information, I mean that they are going to play by what ever rules they think is in the Best Interest of the Nation. That doesn't mean the I agree with it by any stretch of the imagination.

reply to post by CarbonBase


Let's not forget the other Counts of Murder.
There was at least 1 Police Officer. That within itself is enugh to warrant a Life Sentence.

No, there was a court ruling in 1984 that said - if there is probable cause to suspect an imminent threat to public safety still exists - a suspect can be questioned immediately without being Mirandized. However, the police would have to limit their questions to that public safety issue and his answers to other questions would be thrown out. In other words, they could ask "are there other bombs about to go off in Boston?" without having to wait several hours for a lawyer to be appointed, but they could not ask him "where were you the day of the Boston marathon?"

having 4 Russian/Chechnyan lawyers is one most likely reason he was staged into this false flag.

Doubt US war machine honors much any civil rights from 2013 and on. Afterall they've declared a perpetual war on "terror" and Obama has the rights to destroy entire American towns with drones.. many not actually soon like next month, but eventually like next year

reply to post by CarbonBase


Because using explosives is a federal crime. I didn't write the code. Kid gets a Federal Public Defender.

reply to post by ShadellacZumbrum


I got you the first time. No need to elaborate. I know what you are all about. We don't connect.