how long can the cops wait before getting you a lawyer

Full Answer

How long will the police wait before my lawyer calls back?

The length of time the police will wait before your lawyer calls back will depend on the circumstances of the case, which may include the seriousness of the charge and the urgency of the police investigation.

Can I get a lawyer through the police?

You must be “reasonably diligent” in exercising your right to requesting counsel. This means that you should continue telling the police that you want to speak to your lawyer and provide suggestions on how the police may assist you with reaching your lawyer.

What does “I want a lawyer mean when being questioned by police?

When you're being questioned by police and say "I want a lawyer", are you saying you want to speak to your own lawyer, or any lawyer? Doesn’t matter. At that point, all questioning should stop. The cops will often say something irrelevant, but true, like “there isn’t one here right now.

Do you have the right to speak with a lawyer after arrest?

- Daniel Brown Law LLP Your Right to Speak With a Lawyer After You Are Arrested: What You Need to Know. Under section 10 (b) of the Canadian Charter of Rights and Freedoms, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right”.

Can a police officer force a prosecutor to authorize a charge?

If more evidence is located or found at a future date, the decision to deny the charges can be changed, and a warrant can be issued. A police officer cannot force a prosecutor to authorize a charge; however, he or she can keep digging for additional evidence and try to change the prosecutor’s mind.

Will hiring a lawyer make me look guilty?

You cannot be arrested or charged for how you “look.” If there is enough evidence, you will be charged. By hiring a lawyer, the police and the prosecutor will know you are serious about your defense. An innocent person hires counsel right away in an attempt to avoid charges. Many guilty people know they will be charged, so they just wait for the arrest. If a client is innocent, a defense attorney might be able to stop their client from being charged. If a client did something wrong and committed a crime, the attorney can take steps to mitigate the situation, reduce the charges, or get the client help so he or she can avoid a harsh sentence.

Should I hire a lawyer if I have not been charged?

However, in many cases, the police or a detective may want to talk with you. Remember, anything you say “can and will be used against you.” If the police think you are guilty, they will twist whatever you say to make you look guilty. A veteran lawyer can speak on your behalf and avoid providing the government with additional evidence to use against you. Hiring a lawyer early, especially one known and has experienced, can help you avoid being arrested if charges are issued. A sophisticated, retained lawyer can negotiate for an opportunity for you to turn yourself in at the courthouse instead of jail. If you call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation, we can answer all of your questions, including “how long can police wait to bring charges?”

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 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.

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.

What do police have to do to help me contact my lawyer after I’ve been arrested?

Once you have told the police that you want to speak to a lawyer, they have a duty to help you contact a lawyer as soon as practicable. If you tell the police that you want to speak to a particular lawyer – a lawyer who has helped you or a friend in the past, for example – the police officers have to help you contact that particular lawyer. This is because you have a right to choose your lawyer.

What happens if you tell the police you don't want to speak to a lawyer?

If you change your mind, and tell the police that you no longer want to speak to a lawyer because you cannot speak to your lawyer, the police must warn you that you have a right to wait for a reasonable period of time to hear back from your lawyer and that they (the police) cannot interview you during this time.

What if my lawyer is not answering?

This means that, if they do not reach your lawyer right away, the police should leave a message and give that lawyer a reasonable period of time to respond . The length of time the police will wait before your lawyer calls back will depend on the circumstances of the case, which may include the seriousness of the charge and the urgency of the police investigation. Courts have found that the police violated an arrested person’s right to counsel when they did not give the lawyer a reasonable chance to call back. If your rights have been violated, the prosecutor might not be able to use the evidence the police collected – such as breath samples or a police statement – against you at your trial.

What to do if your lawyer has not returned your call?

If, after a reasonable period of time, your lawyer has still not returned the call or e-mail, you are entitled to call a different lawyer. If you know the name of another lawyer you would like to speak to, you can ask the police to get in touch with that lawyer. You can also speak to duty counsel.

How do police help you speak to a lawyer?

Different police forces approach their duty to help you speak with your lawyer in different ways. In some places, police might give you a telephone, phone book, and maybe even access to the internet. It is then up to you to find your lawyer’s phone number and call them. In other places, police might take on the responsibility of contacting your lawyer for you and then hand you the phone once your lawyer is on the line.

Do you have to contact a lawyer if you are arrested by the police?

Police have to tell you that you can speak to a lawyer – but do they have any other obligations? Do they have to help you contact a lawyer? Do they have to help you contact your lawyer? The answer is: yes.

Can the police interview you?

While you are trying to contact your lawyer, the police cannot interview you. They must give you a “reasonable opportunity” to speak with your lawyer before they can ask you questions that might be used as evidence in your case or force you to participate in any police procedures, like breath tests used to determine whether you were impaired by alcohol.

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.

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.

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 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.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

How long does it take to get a speedy trial?

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

What happens if you are arrested?

If you're arrested, a prosecutor will review your case before making an independent decision on what charges should be filed. A prosecutor is not bound by the initial charging decision, but may later change the charged crimes once more evidence is obtained.

What happens if you are detained but not booked?

If you're detained, but not booked within a reasonable time, your attorney may go to a judge and obtain a writ of habeas corpus . A "writ of habeas corpus" is an order issued by the court instructing the police to bring you before the court so that a judge may decide if you're being lawfully held.

What is the right to a speedy trial?

The Right to a Speedy Trial: The Constitution and State Time Limits. The right to a speedy trial is guaranteed to criminal defendants by the Sixth Amendment to the U.S. Constitution . A " speedy trial " basically means that the defendant must be "tried" for the alleged crimes within a reasonable time after being arrested.

What does it mean to be tried?

Being tried means the prosecutor reviews the crime and details and decides if they want to pursue a criminal case. The case could go to trial, be dropped at a later point, or be settled outside of court.

Is it stressful to be arrested?

Getting arrested is probably one of the most stressful experiences you can go through in life, not to mention the hardship it can put on your loved ones. There's a lot to worry about during this time. You need to understand: Your rights as an inmate. The arrest process. When you'll be released.

Can you be arrested without charges?

Although arrestees cannot be held without formal charges for an unreasonable amount of time, the Constitution does not spell out what this time is. Instead, these are typically set forth by state law, and the time period differs from state to state.

What happens if you say "I won't say anything without my lawyer"?

The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.

What to say when you are arrested?

So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.

Why do police arrest innocent people?

If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.

Why do police have to detain you?

The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.

Which amendment states that you can't incriminate yourself under oath?

It's the 5th amendment -- the right not to make the choice to incriminate yourself under oath or perjure yourself.

Can you restart interrogation without coercion?

They can, however, restart the interrogation if you voluntarily restart the conversation without coercion or prompting. You can make basic requests, such as for food or water or to use the restroom, without that, but if you start discussing the situation or the crime again voluntarily, they may be able to restart questioning. If they do, though, you can always reiterate "I don't want to make any statement without my lawyer present." And then, once again, they must stop.

Can you ask for a lawyer?

The answer is simply, "No". If you ask for a lawyer, they must stop questioning you. You may be in the interrogation room for a while. But they are not waiting for you to waive your rights. They are deciding what to do. Maybe waiting for another person to show to corroborate what you have already told them. Or waiting for a transportation officer. If the case involves the possibility of someone being in danger, or a life in the balance, they may ask who your lawyer is so they can call them to come in and advise you. If you are a suspect, Law Enforcement must decide if they have enough probable cause to arrest you. If not then, at some point they must release you and continue the investigation. There are some variables, but they are not waiting for you to waive your rights.