can police not talk to me when i say i have a lawyer

No they can’t. Even the courts can’t since you can plead the fifth. The Police will only want to trick you, scare you and intimidate you into talking. If you insist on not talking without having your lawyer around, they will have no choice but to leave you be.

Full Answer

Can I refuse to talk to the police without a lawyer?

In fact, there is not affirmative obligation that you be provided with a lawyer prior to your arraignment hearing if you are charged with a crime. That said, when you assert your Fifth Amendment right to silence and your Sixth Amendment right to counsel affirmatively and unequivocally, then any answers.

Can I get an attorney if the police keep questioning me?

Yes - in the US, if you request a lawyer's presence during questioning, the police are required to stop their questioning until you have a "real" lawyer present (though they are not required to provide you with an attorney). Sending in a cop pretending to be a lawyer would be unconstitutionally deceptive/coercive, and any evidence they obtained from such questioning …

Do I have the right to speak to an attorney?

Apr 21, 2020 · You must invoke these rights unequivocally and clearly – saying “I think I should get an attorney” or “maybe I should speak with a lawyer” is not enough. You must tell police officers that “you do not want to speak with them” and that “you want an attorney.” Common Tactics Police Use to Trick Suspects

Can a lawyer represent an accused in a police interview?

Every criminal defense lawyer has the exact same answer — no. Do not talk to the police without an experienced criminal defense lawyer by your side. It is not like what you see on TV crime shows where the police are only trying to find out the truth.

Do I have the right to remain silent?

Why should you not talk to police without a lawyer?

Can police say whatever they want?

Can a lawyer tell you what to say?

Can you refuse to go in for questioning?

Do you have to give police your name?

Do I have to answer police questions?

Can police force you to come in for questioning?

What are the 5 Miranda rights?

What should you not say to a lawyer?

Can my lawyer scream at me?

Can lawyers talk to other lawyers about your case?

Can you speak to police without a lawyer?

Understanding Your Constitutional Right Not to Speak with Police Officers without a Lawyer. Most Wisconsin residents are taught to trust and aid police officers from a young age. Speaking with police officers as a witness, however, is different than speaking with them as a suspect. Investigators don’t want suspects to believe they’re ...

What can a defense attorney do?

If you do wish to speak with investigators, having a defense attorney present can protect you from manipulation, incrimination, and constitutional violations. A criminal defense lawyer can object to and direct you not to answer certain questions, or you can consult with your lawyer before providing the police with an answer.

What is the right to remain silent?

The “right to remain silent” – Derived from the Fifth Amendment’s protection against “self-incrimination,” which means a suspect never has to provide police with potentially condemning testimony. The right to consult with a criminal defense lawyer – Derived from your general freedom to retain an attorney, the Sixth Amendment’s right ...

What is the Reid technique?

The Reid Technique is a common way of questioning whereby officers put suspects at ease, pretend they understand the suspect’s motivation for the crime, and eventually try to coerce a confession. Further, police officers may manipulate and even lie to suspects about the presence of evidence and the nature of the questioning.

What do police ask you to do?

Police may ask you to do things or provide documents, which you may have to do in some situations. For example, during a traffic stop, you must produce your insurance card on demand. You might have to do field sobriety tests for an officer.

Why is it important to have an experienced lawyer?

An experienced lawyer will help you make the most important decision during a police investigation.

Do you have to be innocent until proven guilty?

This means that they will be actively looking for any evidence to support their theories and not those that show your innocence. With this in mind, distrust any offer or promises they make you without an attorney present. Any promise or deal should be made with and through your attorney .

Do you remember Miranda rights?

Remember that Miranda rights? Well, you will do well to remember it because what you say can really implicate you. A lot of times, the police are just “fishing”. That is, they have no concrete evidence so they just “shake the tree” to see what will fall out.

Do You Have to Talk to Police if They Question You?

It might surprise you to know that you don’t have to talk to police – your right to remain silent is pretty much absolute. In many cases, talking to the police, even if you’re innocent, is the worst thing you can do. Here’s what you need to know.

Do You Have to Talk to Police?

When the police approach you and start asking you questions, you don’t have to answer them. Remember, though, that police do have the right to temporarily question people without arresting them.

Were You Arrested in Wisconsin?

If you’ve been arrested, remember that it’s better to say nothing at all – even if you’re completely innocent. Never, ever confess to the police, no matter what they promise you; they have no authority to make things easier on you or get a judge to pass a lighter sentence, regardless of what they say.

Do police have to stop questioning you?

At that point, the police must actually stop questioning you until your attorney is there. If they try to carry on the interrogation after you say you want to remain silent until you have an attorney, anything else is likely to get thrown out. But there are exceptions to that, so don’t rely on that.

Can a lawyer be present during interrogation?

You cannot keep your Lawyer present during your interrogation. Interrogation is always with you only.

What is the Miranda warning?

The Miranda Warning which police are required to give anyone when they are arrested reminds everyone they have the right to remain silent. No less a jurist than US Supreme Court Justice and Nuremberg War Crimes Tribunal prosecutor Robert Jackson said “never talk to the police” or words to that effect.

Can you talk to someone without an attorney?

The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present.

Does Miranda protect against police interrogation?

Although neither Miranda nor the Sixth Amendment right to counsel prohibits police interrogation of a willing suspect merely because his attorney has informed police his or her client is not to be questioned, some jurisdictions may have statutory rules restricting such contacts. Officers should consult local prosecutors or legal advisers to determine the existence and application of any such statutes.

Who beat a woman to death?

Burbine. In Providence, Rhode Island, Brian K. Burbine beat a woman to death with a metal pipe. Providence officers had no suspect until Burbine was arrested in nearby Cranston for a breaking and entering, and an informant gave police a tip that Burbine had committed the Providence murder.

Why was the Miranda waiver invalid?

At the Supreme Court, Burbine first repeated his arguments that his Miranda waiver was invalid because he had not been told of the attorney's phone call, and because she had not been told of his pending interrogation about the murder.

Who is Devallis Rutledge?

Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as Special Counsel to the Los Angeles County District Attorney. He is the author of 12 books, including "Investigative Constitutional Law.".

What happens if you can't afford an attorney?

If you cannot afford an attorney, one will be appointed for you. If you wish to waive your right to an attorney and answer questions, you may stop answering at any time.”. You can request an attorney. If you do, at the point the interview is over and if you are in custody, you will be taken to jail.

Can you refuse to answer questions?

You can always refuse to answer questions, and you can always demand the assistance of counsel. However, doing so doesn’t mean that you will be immediately released, or that the police will conjure up a lawyer for you immediately. If you ask for the assistance of counsel, questioning will stop.

Do juveniles have to have an attorney?

And, if you are a juvenile, and your parents are smart, they will also insist that you have an attorney present. If they don't, t. Continue Reading. Yes! Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning.

What amendment gives you the right to an attorney?

Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.

What rights do you have in custody?

If you are in custody, remember your 5th Amendment rights. “You have the right to remain silent. Anything you say, can and will be used against you in a court of law. You have the right to have an attorney present during questioning.

What is the Miranda warning?

Part of the Miranda warnings is the provision that if you want to speak to a lawyer and you can’t afford one, one will be appointed for you at no expense. This is a determination for a court to make - not the police. Nick Scurvy. , Fought depression, social anxiety, etc. For years. Answered February 20, 2021.