how to get a lawyer when questioned by the police

If you are in police custody and you are being questioned, you can at any time prior or during the interrogation ask for counsel. Once you ask, the questioning must cease until you are able to speak with an attorney.

Full Answer

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.

What should I do when questioned by the police?

The first thing you should do when questioned by the police is ask if you are free to leave and insist on an answer. If you are free to leave - do so immediately, even if the officers tell you that you’re acting against your best interest (that’s their opinion and it’s their interests they’re concerned about).

Do I need a lawyer to talk to a police officer?

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.

Should I ask for an attorney if I am arrested?

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. Arizona, 384 U.S. 436, police

What should your answer be after an arrest?

After an arrest, when the police place you in an interview room, your answer to the first question should be, “I am invoking my right to remain silent. I want to contact my attorney.”

What happens if you are arrested for a crime?

If you are arrested for a crime and booked into jail, then the police must inform you of your Miranda rights before they can question you.

Which amendment gives you the right to an attorney?

Your right to an attorney during criminal prosecutions is provided by the Sixth Amendment of the U.S. Constitution, which states:

Do I Have a Right to an Attorney During Police Questioning?

Whether or not you have been arrested, if the police want to interview you, you have the right to contact an attorney. Many people are tempted to cooperate with the police because they think it will help them. They think they can talk their way out of trouble. This rarely works. It is far better to politely decline to answer any questions and ask to speak with an attorney – who will inform you of your rights during a criminal investigation – as soon as possible.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

What happens if you tell the truth?

Even if you are innocent and you tell the truth, you will always give the police some information that can be used to help convict you.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Is it a good idea to talk to law enforcement?

Hopefully, this gives you the basic idea of why it is never a good idea to talk to law enforcement. It is natural for people to want to prove they are innocent, but it backfires. While you should always be respectful, always ask for a lawyer. Always.

Is it smart to ask for a lawyer?

This is not true. It is ALWAYS smart to ask for 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 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 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.

What is a grand jury subpoena?

A grand jury subpoena is a written order for you to go to court and testify about information you may have. If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officer’s questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting ...

What to do if you are called in for questioning by police?

If you are called in for questioning by police, you need to tell them that you want a lawyer. Don’t be afraid to speak up, either! It’s YOUR RIGHT. Here is a polite and perfectly legal statement that you could offer:

What amendments protect you from being questioned by police?

Then, invoke your Right to Remain Silent. The Fifth and Sixth Amendments of the U.S. Constitution protect both of these actions.

What is the defense to a statement?

A common defense to statements is accusing law enforcement of coercion. However, police officers and detectives are prepared to say that you offered your statement voluntarily. If your statement was coerced, then you must have evidence to prove that it happened.

What is the most important thing to remember when you are under investigation?

The most important thing to remember is that the police are not on your side when you are under investigation or after an arrest. One of their goals is to document your actions to use it as evidence in the courtroom, either supplied in the arrest documents or to prosecutors directly.

What is the right to remain silent during an arrest?

Your Miranda rights are those read by the arresting officer, which includes the provisions outlined in the 5th Amendment as follows: “ You have the right to remain silent. Anything you say can and will be used against you in a court of law.

Is a statement made by a police officer voluntary?

The only caveat to the rule of general admissibility is that the statements you make must be voluntary. Police are prohibited from psychological or physical coercion to force a statement from you. Coerced statements are inadmissible in court.

Can police questioning lead to a search warrant?

Police Questioning Can Lead to a Search Warrant. Law enforcement officers can ask a judge to execute a search warrant after police questioning. Police questioning is an evidence-gathering mission for them. If this situation happens to you, be aware that you do not have to let them in until you have a chance to review the warrant.

What to do when you are questioned by police?

The first thing you should do when questioned by the police is ask if you are free to leave and insist on an answer. If you are free to leave - do so immediately, even if the officers tell you that you’re acting against your best interest (that’s their opinion and it’s their interests they’re concerned about). If you leave, questioning is over, period. Get up, walk out, don’t look back, don’t respond to anything you’re asked or anything that’s said to you.

What to say to police when they say no?

That said its my experience that there are only two things that you should ever say to the police. The first is “Am I being detained?” if they say No, then turn around and walk away. If they say yes, then you tell them that you need to see your lawyer. Thats the end of it. The police love to get you to talk so that they can use the circumstances in what your saying to build up the case against you. Make no mistake t

What happens if you ask for counsel?

If you ask for the assistance of counsel, questioning will stop. If the police have sufficient probable cause to hold you, you will be booked into jail or returned to jail if you’ve already been booked. If the police do not have sufficient probable cause, you will be released.

How long can a police officer hold you without charge?

Continue Reading. There’s no set time. Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.

What to do if you are not free to leave?

If you are not free to leave, politely say that you want to speak with a lawyer and have the lawyer present during any questioning. (And no decent lawyer is going to allow questioning to occur.) The questioning should stop immediately - but there may be continued cautions that, in the opinion of the officers, you’re not acting in your best interests. Do not pay any attention to those cautions, let your lawyer make that call. Keep repeating the above request for a lawyer like a mantra. Yes, it may mean that you have to wait for a lawyer, but if you are not free to leave, you have some serious concerns anyway - don’t make them worse.

What amendment gives you the right to an attorney?

Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.

Can police return to question you after a reasonable period of time?

Simply refusing to answer questions, is not a clear invocation of your Miranda rights and police can return and attempt to question you again after a reasonable period of time.

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 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 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.

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.

Pre-Arrest Interviews

Post-Arrest Questioning

• If you are arrested for a crime and booked into jail, then the police must inform you of your Mirandarights before they can question you. These rights include: 1. Remaining silent 2. Anything you say being used against you in court 3. Having an attorney 4. Having an attorney provided for you if you cannot afford one on your own After an arrest, whe...

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