When a defendant is questioned by law enforcement without a lawyer present after an adversarial judicial proceeding has been started,the evidence is inadmissible as long as pro se does not apply.

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This is known as the Fifth Amendment right to counsel, which applies after an adversarial judicial proceeding has started. If a defendant is questioned by law enforcement without a lawyer present under these circumstances, any evidence obtained from that questioning may be inadmissible in court. The exception to this would be if the defendant chooses to represent themselves (pro se), in which case the questioning would be considered voluntary and any evidence obtained would be admissible.

When a Defendant Is Questioned by Law Enforcement Without a Lawyer