Criminal Defense
Since 1993
Since 1993
What Counts as a Request for a Lawyer in Florida? A Defense Attorney Explains
By: John Guidry
It’s never fun being confronted by government officials, but lucky for us, we have rights. When police are questioning you, the Miranda Warnings give you the most important right of all: the right to an attorney. The rule is plain and simple: if a citizen in custody asks for an attorney, the officer must stop the interrogation until an attorney is present.
But what happens when the police ignore this right? And what counts as “asking” for a lawyer? A real-life Florida case, Laurito v. State, provides a powerful and cautionary tale.
Were Your Rights Ignored During a Police Interrogation in Orlando? An illegally obtained confession can and should be thrown out of court. Call my office immediately to discuss what happened. Call John Guidry: (407) 423-1117
A Real-World Example: When Police Ignore a Request for a Lawyer
The case of Laurito v. State, 120 So. 3d 203 (Fla. 5th DCA 2013), involved a shooting. Police couldn’t figure out who fired the shots until a detective got Mr. Laurito to confess after using some cheesy “90s cop show” taunts.
But what offended the Constitution was what happened before the confession. Mr. Laurito asked the detective a simple question: “Can I make a phone call so I can get a lawyer?”
The detective knew the law. He knew he was required to stop the interrogation. Instead, he told Laurito he could not call anyone and that he would “lose the opportunity to clear things up” if he didn’t answer questions immediately. Laurito then confessed.
To make matters worse, Laurito’s original trial attorney filed a motion to suppress the confession but argued the wrong reason. The appellate court later found that this failure to raise the correct issue was “ineffective assistance of counsel” and reversed Laurito’s convictions. The court made it clear that Laurito’s question was an unequivocal request for a lawyer that should have shut down the interrogation instantly.
No Magic Words Required: What Counts as a Request for a Lawyer?
You do not have to say, “I hereby invoke my right to counsel.” Courts have repeatedly ruled that many different common-sense phrases are a clear and unequivocal request for a lawyer. Here are a few examples from real cases:
- “I can’t make a phone call or nothing, no?” – State v. Soto, 954 So.2d 686 (Fla. 4th DCA 2007)
- “I should be able to talk to a lawyer” – Bean v. State, 752 So. 2d 644 (Fla. 5th DCA 2000)
- “When can I call an attorney?” – State v. Dahlen, 209 Ore.App. 110 (Or. Ct. App. 2006)
- “Can I call a lawyer?” – United States v. Hughes, 921 F. Supp. 656 (D. Ariz. 1996)
- “Can we call–use your phone to call an attorney?” – United States v. Taft, 769 F.Supp. 1295 (D. Vt. 1991)
John’s Takeaways
- When you are in custody and being interrogated, the moment you ask for a lawyer, all questioning MUST stop.
- A request for a lawyer does not require “magic words.” Simple, common-sense questions like “Can I call a lawyer?” have been repeatedly ruled by courts as a clear and unequivocal request.
- If police ignore your request and continue questioning, any subsequent confession can be thrown out of court through a Motion to Suppress.
- As the Laurito case shows, it’s critical to have a defense attorney who understands the correct legal arguments to make when filing these motions.
I have been filing and arguing these exact types of motions to suppress in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you believe your rights were violated, call my office. Let’s talk about how to fight back.ed States v. Taft, 769 F.Supp. 1295 (D. Vt. 1991)
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.