do you have to talk to the police when your lawyer comes

Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions.

Full Answer

Should I talk to a lawyer before answering police questions?

You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent.

Do I have to talk to law enforcement officers?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Do I need a lawyer if I have a police officer?

Ultimately, if police are looking to talk with you and you feel like you need a lawyer present, that likely means that you're being looked at for potential wrongdoing.

What are my rights when speaking to the police?

This right is granted because the police officer has an obligation to protect the public and preserve evidence. If you have questions regarding your rights when speaking to the police, contact a criminal defense attorney.

You Have a Right to Remain Silent

Miranda Rights are rights that must be read to anyone who has been taken into custody, so they know what their rights are as they begin to face the government in the criminal law process. One of these rights is the right to remain silent – otherwise, anything you say can and will be used against you.

Be Aware of Police Tricks and Tactics

The police may be nice and seem to be on your side, but they are there to do a job they are well trained to do, and that is to get people suspected of crimes to confess or give other incriminating information. Do not fall for their friendliness.

Choosing to Remain Silent Cannot Be Used Against You

If you chose to remain silent and ask to speak only if your lawyer is present, you might worry that it will make you appear to be guilty. However, keep in mind that your silence cannot be used against you at a trial.

What a Lewisville Criminal Defense Lawyer Can Do for You

If you have been arrested, you have a right to call a Lewisville criminal defense lawyer, and calling the Law Office of Brent D. Bowen, PLLC, will ensure you have competent legal counsel to help ensure your rights are protected. Contact us today for a free consultation to discuss your situation.

Why do cops have enough evidence to arrest you?

Because they already plan on arresting you. An cop either already has enough evidence to arrest you, or he needs to speak with you to get the information he needs to arrest you. Under both of these scenarios it is in your best interest not to meet with them. In many cases a cop has enough evidence to arrest you and they are hoping you tell them ...

Can a cop convince you to not arrest you?

In many cases a cop has enough evidence to arrest you and they are hoping you tell them anything to strengthen their case against you. NOTHING you say to a cop will convince them not to arrest you.

Is the confessions legal?

According to many legal scholars, and documented by Frontline in their 2010 film the Confessions, many of the techniques used by police to accuse and arrest innocent people remain legal.

Can cops lie to you?

Because you could be arrested for an entirely unrelated reason. Cops can legally lie to you, but it is illegal to lie to them. If you misremember some detail or answer a question incompletely, they could also arrest you for making a false statement to a law enforcement officer.

What if I speak to law enforcement officers anyway?

Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.

What to do if you don't have a lawyer?

If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer.

What kind of law enforcement officers might try to question me?

You could be questioned by a variety of law enforcement officers, including state or local police officers, Joint Terrorism Task Force members, or federal agents from the FBI, Department of Homeland Security (which includes Immigration and Customs Enforcement and the Border Patrol), Drug Enforcement Administration, Naval Criminal Investigative Service, or other agencies.

Are there any exceptions to the general rule that I do not have to answer questions?

Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance (but you do not have to answer questions). (Non-citizens should see Section IV for more information on this topic.)

Can I talk to a lawyer before answering questions?

Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer.

What if I am asked to meet with officers for a "counter-terrorism interview"?

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer.

Can you be punished for refusing to answer a question?

You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions. (Non-citizens should see Section IV for more information on this topic.) Print:

What is the number to contact a criminal defense lawyer in Wisconsin?

Contact an experienced Appleton, Green Bay, and Oshkosh criminal defense lawyer at Hogan Eickhoff at (920) 450-9800 or online for your free criminal defense consultation.

What are the tricks police use?

Common Tactics Police Use to Trick Suspects. Police officers are trained in various methods of conducting interrogations. 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.

Which amendment protects you from giving incriminating testimony?

The right to have a criminal defense attorney present during police questioning – Derived from either the Fifth Amendment’s right to be protected from giving incriminating testimony or the Sixth Amendment’s right to have an attorney for your defense.

Can police make legal promises?

Police officers do not have the authority to make legal promises or sway a judge’s sentencing decision. Investigators may also use testimony to charge you with crimes related to the central crime under investigation. Did you know it’s illegal to help a suspect trying to avoid arrest after he or she committed a serious crime in Wisconsin? This makes you an accessory to the crime such that admitting the suspect was hiding at your house may be criminal. Lastly, investigators are actually permitted to approach suspects again a few hours after they invoked their right to silence. They may ask if you want to speak with them now and request you sign a waiver of your rights. Keep invoking your rights and remember that even if you sign a waiver, you can withdraw your consent and demand an attorney at any time during police questioning.

Do police officers need Miranda in Wisconsin?

Investigators don’t want suspects to believe they’re under investigation, so they often approach suspects under the guise of a general “fact-finding” inquiry. Wisconsin investigators don’t always need to give suspects their Miranda Warnings before asking questions. These warnings are only triggered if you’re in police custody. and they summarize the following constitutional rights while warning suspects that anything they say can and will be used against them:

Do you have to tell police you want an attorney?

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.”

Do you have to speak to a police officer in Wisconsin?

Experienced Wisconsin criminal defense lawyers are familiar with and trained to recognize common police interview tactics. Defense attorneys will often suggest you do not speak with the police unless doing so will absolve you of a crime or you’re offered immunity in exchange for testimony. If you do wish to speak with investigators, having a defense attorney present can protect you from manipulation, incrimination, and constitutional violations.

What happens if an attorney has not yet had time to confer with their client?

If the attorney has not yet had time to confer with their client and learn the truth, how things went down, etc to work on strategy then silence is golden. Sometimes after speaking with the client they decide that certain statements are necessary.

Why don't attorneys burst in?

Another reason attorneys don’t burst in is that the very moment a potential criminal asks for an attorney then questioning stops immediately. There is no reason for an attorney to burst up in there when their client is sitting there often alone. If they invoke their right to silence or ask for an attorney’s counsel then any questioning conducted from then on is garbage and an officer will be flushing the case down the toilet to continue.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

What happens if you refuse to sign an affidavit?

In many states in the US, you will be required to sign a statement affirming that you have been advised as to your rights. If you refuse, you will be advised again, either in front of witnesses, who will then sign an affidavit saying they witnessed it, or it will be on videotape.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

What does it mean when someone says anything you say can be used against you?

Also, anything you say that would tend to be exculpatory or lend to your innocence will neither be recorded or introduced in court on your behalf. So give them only the basic information needed to book you and is required for a bond and remain quiet.

How many ways do police get convictions?

The Police have a difficult job and you can forget what you see on television. There are three main ways they get a conviction.

What happens if you speak without being questioned?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

Can you be arrested for a crime without being questioned?

Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.

Can the police question you if you ask for an attorney?

Can the police question me once I ask for an attorney? Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.

What does it mean to be a witness to a crime?

Being witness to a crime can put you in an awkward position. You probably want to give the police any information you know to help them catch and convict the perpetrator but you don’t want to give them evidence that they may use to make a case against you.

What happens if you get something wrong on a statement to the cops?

Here is the thing, if you get something WRONG on a statement to the cops - especially if it impacts their investigation or anything related to the case when it goes to trial - even if it is an honest mistake, or something that you overheard but misinterpreted, or something that you came up with because of a leading question by a cop, YOU ARE CRIMINALLY LIABLE (false police report, impeding an investigation, etc, could easily be the charges).

How long do you have to ask why you were arrested?

If you are arrested, you must be told why in a reasonable amount of time (48 hours).

How many kinds of stops are there?

You need to be pro-active in politely asserting your rights. There are three kinds of stops, and certain rights are different for each.

What is a dying declaration?

A dying declaration is an exception to the hearsay rule that allows a statement to be admitted into court. If a victim is dying, and knows he is dying, his final statements are admissible as evidence, provided the victim then actually dies.

What does "I'm sorry officer" mean?

YOU: I’m sorry officer, I don’t think I can help you. Am I free to go?

Can you leave an interview anytime you'd like?

An important distinction is whether you reasonably thought you were free to leave the interview. If the officer says, "You can leave anytime you'd like," but there are six burly cops standing in front of the door, it's reasonable that you wouldn't feel too comfortable with leaving.

Should you speak with the police officer? Should you let the officer search your home or car? And what happens if you don’t?

Please answer a few questions to help us match you with attorneys in your area.

What to do if you have questions about police?

If you have questions regarding your rights when speaking to the police, contact a criminal defense attorney. An attorney can help you understand your rights, how to best protect them, and if needed, argue to suppress (exclude) any evidence obtained in violation of your rights.

What are the rules when speaking to police?

General Rules When Speaking with Police Officers. Here are some general rules and factors to consider before or when speaking to police officers. (Also know that being respectful and staying calm can go a long way. The less uneventful your interaction is, the better.) Understand consent.

What is the job of a police officer?

The police officer's job—besides protecting and serving the public—is to make arrests. In fact, some police officers are tasked with "arrest goals" or "arrest quotas" that they are expected to achieve each week. When a police officer stops you on the street, in your car, or even knocks on your door at home, chances are good ...

Can a police officer frisk a suspect?

A police officer who believes you have committed a traffic offense can arrest you and, under some circumstances, frisk your passengers for suspected weapons. For example, if you've committed a routine traffic offense such as running a red light, a police officer can order the occupants out of the car, and if the officer has a "reasonable belief" that someone in the car is carrying a weapon, the officer can conduct a short "frisk" or "pat-down" of the suspect.

Do you have to consent to a police search?

If a police officer comes to your residence and wants to question you, you don't have to let the officer in or answer any questions. You don't have to consent to any searches unless the officer has a search warrant or can justify the search on an emergency basis, as explained below. Plain view.

Can you withdraw your consent to a police search?

If you do agree to answer a police officer's question or submit to search, keep two things in mind: you can always withdraw your consent if you don't want to continue, and there is no "off the record" when you provide information to the police. The police also don't have to inform you that your consent is optional. Providing I.D.