how long do the police have to wait when a lawyer is requested

Full Answer

Do I need an attorney if the police ask for one?

In the US, the police do not need to provide you with an attorney when you ask them to. They do need to stop any custodial questioning.

Should I ask the police for an attorney during an interrogation?

And it must be respected. If you are arrested, ask for an attorney, and the police ignore your request and keep interrogating you, can that situation be leveraged, or should you keep asking for an attorney and refuse to say anything else (assume the conversation is recorded)? Under Miranda v.

When can a police officer make a timely arrest?

Police officers are generally free to determine when to arrest someone; they need freedom to investigate the crime and collect evidence. In general, an arrest made before the statute of limitations for the crime in question has expired is considered timely. (Some crimes, such as murder, have no statute of limitations.)

How long does a lawyer have to respond to a complaint?

I would, however, follow up with your attorney to make sure your understanding of the law is accurate. Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action.

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.

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.

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.

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.

Joshua Sachs

I agree with my colleague that this is a fact-specific issue. You are going nowhere with the "failure" to read you the Miranda warnings, because they were not required in your situation.

Jason Michael Reid

I agree, more info is needed to evaluate whether Miranda was required.

Larry Thomas McMillan

You have asked a very fact specific question which is difficult to answer without all of the facts. Essentially, if you are in police custody (basically arrested and not free to leave) and being subjected to questioning, the police MUST read you your Miranda Rights and get you to sign a waiver of those rights .

Shelley L Fuller

Unless there are extenuating circumstances such as your attorney being in trial or be out of town on an emergency, eight days is, in my opinion, too long to wait for an answer. I would, however, follow up with your attorney to make sure your understanding of the law is accurate. More

Thomas K Coan

Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action. The most common complaint that clients have about their attorneys, I've heard, is that we don't communicate quickly enough. There are a couple possible reasons...

Jay Bodzin

When you do talk with your attorney your stated concerns need to be addressed satisfactorily. If your are not satisfied after a fair and open conversation, then you may well want to consider changing counsel. I would give your attorney a fair opportunity to respond to and address your concerns. Good luck.

William A. Jones Jr

There is no absolute time line response to this question. I will assume you have retained a private criminal defense attorney to represent you in criminal court.

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.

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.

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.

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?”

Why did the defendant fail to show that the prosecution intentionally delayed the arrest?

But the defendant failed to show that the prosecution intentionally delayed the arrest in order to gain a strategic advantage over the defense.

What happens when a defendant is delayed in court?

When a delayed arrest jeopardizes a defendant's right to a fair trial, due process requires dismissal of the charges. For that to happen, a defendant must show that the delay unfairly harmed his or her defense.

How to overturn a conviction?

To overturn a conviction, many courts also require that a defendant show that officers intentionally delayed the arrest in order to benefit the prosecution's case. An example would be deliberately postponing an arrest until evidence favorable to the defendant is no longer available.

What to do if you are arrested?

If you have been arrested, immediately contact an experienced criminal defense attorney to discuss the circumstances surrounding your case. A knowledgeable attorney will be able to advise you of the applicable law and offer you critical advice.

What is the freedom of police officers?

Police officers are generally free to determine when to arrest someone; they need freedom to investigate the crime and collect evidence.

Do police have freedom to arrest?

The police have freedom to determine when to arrest someone—up to a point.

Do you have to show that the government caused the delay to purposefully harm the defense?

Some courts don't require that the defendant show that the government caused the delay to purposefully harm the defense. Instead, after a defendant establishes that the delay compromised her case, the prosecution must show a legitimate excuse for the delay.