not ask for a lawyer when questioned

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

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Can the police question me after I ask for a lawyer?

You Can Waive Your Right To Counsel If You Do Not Remain Silent You can request an attorney at any time. Questioning must cease unless you then decide to keep talking on your own. It is understandable that you may be afraid and not thinking clearly when you are being interrogated.

Can the questions you answered be used against you in court?

Always be respectful to law enforcement, but DO NOT try to prove you are innocent. Do not talk to the police. 2. Because they think that if they ask for a lawyer, the police will think they are guilty. This is not true. It is ALWAYS smart to ask for a lawyer. 3. Because they want to tell their story. Don’t tell your story to the police.

Do I have the right to an attorney during questioning?

Answer (1 of 21): 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 int...

What to do when your lawyer won’t respond?

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.

Why is it important to have a lawyer present during questioning?

The right to have counsel present at a custodial interrogation is necessary to protect the Fifth Amendment privilege against self-incrimination. A suspect detained for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation.Feb 8, 2019

Can you refuse to be questioned?

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 I just ask a lawyer a question?

Ask a Lawyer allows you to get free answers from lawyers in your area for basic legal questions on a variety of topics, including family law, employment law, criminal law, and more.

Can you ask for a lawyer during interrogation in India?

# You have a right to have a lawyer present while you are questioned. # If you cannot afford a lawyer, one will be appointed for you. These are your rights, guaranteed by the Constitution.

Do I have to answer police questions?

You do not have to answer any police questions. But if you are suspected of committing a crime, this may give the police grounds to arrest you. The police cannot search you or your property unless they have a valid search warrant.May 14, 2021

Can you be charged without being interviewed?

If you are asked to attend a voluntary police interview, it usually means that the police suspect you of involvement in a crime. Depending on the outcome of the interview, you could find yourself arrested and charged with a crime, or summons to attend Court.

How can I get a legal question answered for free?

ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. It's EASY. Legal questions are submitted online – all you need is an internet connection. It's CONVENIENT.

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JustAnswer lets you talk to doctors, lawyers, vets, mechanics and more in minutes—24/7. The company connects customers with verified and vetted experts to provide reliable answers at any hour and on any budget, democratizing professional services.

What is a legal question in a case?

A legal issue is a question of law that is raised based on the facts of a case. A factual issue, as the name suggests, is a question that arises based on the circumstances and actually events that transpired leading upto the case.

Can you ask for a lawyer during interrogation?

Your lawyer can speak to you privately, either on the phone or in person, at any time while you remain in police custody. You can also request to have a solicitor in the room with you while you are being questioned.

Can lawyers be present during interrogation?

The Supreme Court stressed the safeguards for accused, but also spoke of “difficulties in detection of crimes”, especially in cases of “hardcore criminals”, and ruled that a lawyer cannot be permitted to remain present throughout the interrogation.Mar 24, 2021

Can police check your phone in India?

“There is no overarching broad power that the police can either come and say that the police can come and ask to see your phone,” she said. “In fact, there is a presumption against the criminality of citizens. You cannot treat your citizens as criminals unless there is a suspicion to do so.”Nov 4, 2021

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.

What rights do you have in court?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you are unable to afford an attorney, one will be appointed for you.

What is the Miranda warning?

Part of the Miranda warnings is the provision that if you want to speak to a lawyer and you can’t afford one, one will be appointed for you at no expense. This is a determination for a court to make - not the police. Nick Scurvy. , Fought depression, social anxiety, etc. For years. Answered February 20, 2021.

Can you waive your right to an attorney?

Anything you say, can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. If you wish to waive your right to an attorney and answer questions, you may stop answering at any time.”.

Can you refuse to answer questions?

You can always refuse to answer questions, and you can always demand the assistance of counsel. However, doing so doesn’t mean that you will be immediately released, or that the police will conjure up a lawyer for you immediately. If you ask for the assistance of counsel, questioning will stop.

Charles Kevin Stoddard

Can they continue to question you? Yes. Officers are often encouraged to continue asking questions as the answers can lead to evidence indirectly that can be used against you. Can they use your answers against you? Probably not. As posted above, the demand for a lawyer must generally be clear and unequivocal.

David Jon Pullman

It depends on what the context of you asking for a lawyer was. 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.

Vincent Ronald Ross

Your attorney should move to suppress the statements. While I do not know if that will be successful, it is certainly something that should be done pre-trial or in limine.

Tai Christopher Bogan

Can the questions you answered be used against you? Maybe. It depends on the circumstances of your case. If you asked for a lawyer then certainly that is a factor pointing toward suppression. Miranda rulings are constantly in flux. Years ago if you asked for a lawyer it was game over for the cops.

Elliot Rahmim Zarabi

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...

Debra Sarah White

The police are not allowed to question you after you have asked for a lawyer.#N#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.