how long is a suspect guaranteed to talk to their lawyer

Should I talk to a lawyer if I am a suspect?

Mar 02, 2022 · Sometimes police can continue to ask questions after a suspect has invoked the Miranda rights. once person detained by the patrol invokes their Miranda rights by expressing a desire to remain dumb, have guidance award, or both, the police must stop the question. But this is n’t necessarily the end of the history : Some […]

When can police question you Again without an attorney?

Answer (1 of 5): “Can police continue talking to suspect after he has requested a lawyer, as long as they're not asking questions?” Yes. As Matthew Bohrer noted, continuing non-relevent conversation is allowed, but there are hazards involved.

Can a suspect tell the police something without asking a question?

A suspect in police custody agrees to an interview. He answers some of the officers' questions, then says, "Maybe I should talk to a lawyer." The officers ask the suspect whether he's requesting a lawyer; the suspect says no. After a short break and the officers reminding the suspect of his rights, the suspect continues to talk.

When do you consider yourself a suspect in a criminal investigation?

Jan 25, 2019 · The court will ask whether the suspect initiated the conversation and indicated a desire to talk about the crime, and whether the suspect, again given a warning, voluntarily waived Miranda rights, including the right to legal counsel. The court also determines whether a preponderance of the evidence shows the subsequent statements were ...

What happens if a suspect waives Miranda rights?

U.S. (512 U.S. 453 (1994).) The Court noted that if a suspect invokes the right to counsel at any time, the police must at once stop the questioning until a lawyer is present. (A suspect can also invoke the right to remain silent—see Is post-arrest silence enough to stop police questioning?) But the Court also said that, after a suspect waives the Miranda rights, officers may continue asking questions until the suspect makes a clear request for a lawyer.

Who has the final say on the Constitution?

The Supreme Court has the final say on the federal Constitution, but states may read their own constitutions to provide defendants more rights. That means that the law can vary somewhat depending on where your case is. Differences in the law make for one of many reasons to talk to a knowledgeable criminal defense attorney if you've been arrested.

What happens to a suspect's right to counsel?

A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn't carry over to the next detention. For example, assume Glen invokes his right to counsel and is released from custody.

What happens when a detainee invokes the right to counsel for only a limited purpose?

If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose. For example, suppose that, after being Mirandized, Becky doesn't claim her Miranda rights and answers questions. The interrogating officer asks her to sign a written statement, but she says that she wants counsel to read it over first.

Can Miranda be admissible?

A defendant's statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that's only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.

Can you invoke Miranda rights after being a detainee?

There's no time limit for invoking Miranda rights. After receiving the warnings, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop interrogation.