how long can police question you without a lawyer

Police can keep you for up to 8 hours unless a court order extends the period. They can question you for up to 4 hours in that 8-hour period. Questions that police can ask

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Do the police have to stop questioning without a lawyer?

Feb 24, 2014 · However, if the police officer says no, you are not free to leave, then you cannot leave until the police officer is finished with his questions for you or his investigation into the crime. This detainment can take anywhere from several minutes to several hours. If this is the case, and you are being detained by the police officer, then you can ask them whether they …

How long can the police hold a minor for questioning?

May 03, 2018 · Most of the time, the limit is five years from the date of the offense. If you haven’t been formally charged after a five year period you are probably in the clear. There are some exceptions for offenses like murder or treason, and some …

Can the police question a minor without a parent or lawyer?

May 22, 2018 · If the crime that is being investigated is a violent offense, the police can hold the minor for questioning and investigation for up to 24 hours. Can the Police Question a Minor Without a Parent or Lawyer Present? Generally yes. However, the answer may change depending on the age of the minor and what they are being charged with.

What happens if you answer law enforcement questions?

Mar 09, 2012 · The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you... 0 found this answer helpful

How long can police hold you for questioning UK?

24 hoursThe police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder.

Do you have to talk to the police without a lawyer UK?

Being questioned without legal advice You have the right to free legal advice if you are questioned by the police.

Why should you not talk to police without a lawyer?

You should never talk to the police without first consulting an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, they will use inconsistencies in your statements as evidence of guilt.

Can you refuse to speak to police UK?

Your rights, and the law Most of the time, you have the legal right to refuse to answer and just walk away. Usually, under 'stop and account', the police officer or PCSO doesn't have the power to force you to stay. You can't be searched or arrested just because you refuse to answer their questions.

Do you have to answer police questions?

You have the constitutional right to remain silent. 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.

Can you refuse to give details to police?

You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

Do police have to tell you why they pulled you over before asking for ID?

Generally speaking, no. Police do not have to tell you why they are stopping you before asking for ID in a traffic stop, though it may be a standard practice in many areas. The officer must have a reason—i.e., probable cause—for the stop, but they are not legally required to tell you.

Why are police afraid lawyers?

Policemen are not cowed down; so if they are assaulted, they are likely to retaliate, but usually they are not the ones who began the incident. The reason why policemen are scared of lawyers is that lawyers have a weapon called Istagaasha or criminal complaint, of which policemen are dreadfully afraid of.Nov 6, 2019

Do I have the right to remain silent?

One important right you have under the United States Constitution is the right to remain silent when dealing with the police.

Do you have to open the door to the police UK?

The police may knock and announce their presence at your door but, unless they have a warrant, you are not required to open the door, to answer any questions, or to cooperate with the police in any fashion.

What happens when you complain about the police?

The person dealing with your complaint will let you know what has happened. If the police decide to investigate your complaint, they will tell you what the investigation will look at. When the investigation is complete, you will be told about what has been found out. You will also be told what will happen next.

What are the UK Miranda rights?

Your rights when being questioned “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

What do you learn about an investigation?

You might learn about an investigation when a police report is filed against you, after a search warrant, or when an investigator comes to talk to you. There is a lot of activity at first. If you do what smart people do at this stage you hire a lawyer. You gear up to enforce your rights.

How long can you be charged with a federal crime?

There are limitations on when you can be charged with a federal offense. Most of the time, the limit is five years from the date of the offense. If you haven’t been formally charged after a five year period you are probably in the clear.

Do police tell you when an arrest is over?

There can be some exceptions, and we do have examples of police investigators telling us when it’s over, but this is not the general rule. A lawyer who has been involved in lots of investigations before is usually in a good position to tell you how long it normally is before an arrest has been made in other, similar, cases.

Can a criminal investigation make you feel like your life is on hold?

It very well might be. A criminal investigation can make it hard to move on with employment, family decisions, vacations, everything. And worst of all is that you are waiting on bad news.

Can you be charged with murder if you shoot someone?

For example, if you shoot someone and they live for a year in the hospital on life-support before dying you can be charged with murder. If they live for four years then you can’t be charged with murder. Many times the final step in the investigation is when the police reach out to the accused.

What is the cut off between being an adult and being a minor?

The same applies to what is commonly considered to be a minor and what is commonly considered to be an adult. In the real world, 18 years old is the cut-off between being a minor and being an adult.

How long can a minor be held in a police station?

If the child is under the age of 12, the police can only hold the minor in the police station for up to 6 hours. If the minor is between the ages of 12 and 16, the police can only hold the minor child at the police station for up to 12 hours if the crime that is being investigated is a non-violent offense.

Can police arrest minors?

Just like with any criminal suspect, the police can arrest a minor if they suspect that they committed a crime and can take them down to the station for investigation. Questioning may end up being part of the investigation.

Can a minor make a false confession?

Generally yes. However, the answer may change depending on the age of the minor and what they are being charged with. Several years ago, news organizations released several reports concerning false confessions by juveniles. These reports spurred a national discussion surrounding the issue of minors making confessions to the police.

Can a statement be videotaped in court?

If the statement is not videotaped, it will not be admissible in court. As you can tell, nothing in the law talks about parents. The only reference to parents is that Illinois law does require that the police make a “reasonable attempt” to contact a parent or a legal guardian before interrogating a minor.

Can you ask for a lawyer to read a police report?

Simply asking for a lawyer does at some stage of a police contact does not prevent them from Mirandizing you and then asking for a Miranda waiver. If they read you your rights and then you asked for a lawyer and admitted that in the police report or recorded it, then you will be able to suppress those statements.

Can police use Miranda rights against you?

No police cannot and no, those statements cannot be used against you. However, a lot of the time, the police will state in their report, they you waived your Miranda rights. You would have to prove that you didn't and then you could suppress any statements made in violation of Miranda...

Can police question you after you ask for a lawyer?

The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you.

What happens if the police don't have reasonable suspicion?

If the police did not have reasonable suspicion to stop, detain or search you or your car, your case might be thrown out. The Fourth Amendment right to be free from unreasonable search and seizure is a right that is taken seriously in Ohio courts and cannot be taken lightly by police.

What did the dog sniffing the car do?

The dog sniffed the car and both the driver and passenger were asked to exit the car and were patted down for weapons. The driver was put in the back of the cruiser while the dog sniffed the car. The officer saw him lean over again in the cruiser, indicating he may be hiding something or getting a weapon.

What is a Terry stop?

A “Terry stop” (a brief investigatory stop) This second kind of police interaction involves a temporary detention. Not an arrest, but you are not free to walk away. This does require that the police have “reasonable suspicion.”. It is not considered a “seizure” but is a temporary stop that is allowed when there is “articulable suspicion ...

What to ask when you are stopped by police?

If you have been stopped, questioned and arrested or cited by the police, one of the first questions you should ask is whether the initial stop was constitutionally valid. The Fourth Amendment protects citizens from unreasonable search and seizure. This means that, generally, the police cannot seize or search you without a warrant–unless ...

What is the constitutional basis for arrest without warrant?

An arrest without a warrant is constitutionally valid if the officers had probable cause to make the arrest.

What is voluntary encounter?

1. The Consensual “Voluntary” Encounter. This first type of interaction involves the police walking up to someone on the street and asking questions. Asking “voluntary” questions like this does not implicate the Fourth Amendment is not considered a “search” or “seizure” under the Constitution. Police can ask anyone for ID anytime ...

Why was the stop proper?

The State argued that the stop was proper because the officer knew the area was high crime, knew the occupants were drug users and saw the driver bend down in his seat.

How to answer police questions?

At a formal interview, the police ask questions and record your answers. If police question you about an indictable offence, they must follow laws that protect your rights, by: 1 warning you about certain things before questioning you 2 warning you (or ‘caution’) in a language that you can understand and use interpreters when necessary 3 telling you that you have a right to remain silent and do not have to answer their questions 4 telling you that you can contact a support person and a lawyer, and allow you to contact them 5 recording the caution electronically or writing it down if necessary 6 recording the interview itself electronically or write it down if necessary. You are entitled to a free copy of the interview tape within 7 days for a tape recording or 14 days for a video recording.

What happens if you are arrested by police?

If the police have arrested you because you have committed an indictable offence (more severe offence like murder, rape, robbery, assault, and break and enter which are dealt with in District or Supreme Court), or they suspect you have, they must caution you about your right to remain silent.

What questions can police ask?

Basic questions the police can ask you: your name and address. date and place of your birth (in drug matters) questions regarding broken traffic laws or whether you’ve seen an accident. Police must not get a confession from you using threats or promises of any kind.

What to say when arrested for questioning?

If you’ve been detained for questioning or arrested, you have a right to silence. After stating your name and address, you should state ‘I have nothing to say’ and then seek legal advice. These rules also apply if police want to question you after you’ve been charged with an indictable offence.

How long does it take to get a copy of a caution tape?

You are entitled to a free copy of the interview tape within 7 days for a tape recording or 14 days for a video recording.

What is a warning?

warning you (or ‘caution’) in a language that you can understand and use interpreters when necessary. telling you that you have a right to remain silent and do not have to answer their questions. telling you that you can contact a support person and a lawyer, and allow you to contact them.

When do you get interviewed by police?

You may be formally interviewed: after being arrested. after being formally detained for questioning about an indictable offence.

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.

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: