should you have a lawyer present when answering questions from a lawyer?

Do you have to talk to a lawyer before answering questions?

Dec 25, 2021 · The U.S. Supreme Court said this rule applies whether they have a lawyer present. However, if the person invokes their Fifth Amendment rights and refuses to answer any questions, they might be charged with contempt of court. Why do courts allow people to use “I’d like to talk to my lawyer” as an excuse to avoid answering questions?

Do I need a lawyer to give a statement?

Demand your lawyer be present before you answer any questions. A detective may want to talk to you for anything. Detectives may want to talk for any of the following reasons: Detectives want to talk to people for many different reasons including the following: 1. Figuring out if …

Can I get an attorney if the police keep questioning me?

You have a right to have your attorney present during the interrogation, not just to speak with the attorney. So make sure that you do not answer any questions until you consult with your attorney, and the attorney is present. A Stop Is Not Necessarily a Custodial Interrogation A simple stop is not a custodial interrogation.

How to answer a law essay question?

May 18, 2020 · That means if you won’t talk to a detective they may try to persuade you to talk by threatening to arrest you. They can do this. Demand your lawyer be present before you answer any questions. A detective may want to talk to you for anything. Detectives may want to talk for any of the following reasons:

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

How do you answer a lawyer?

Give positive, definite answers when at all possible. Avoid saying “I think,” “I believe,” or “in my opinion” if you can be positive. If you do not know, or cannot remember, say so. Do not guess or make up an answer.Mar 3, 2014

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•Feb 6, 2020

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•Aug 4, 2015

How quickly should a lawyer respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

Can you ignore a lawyer letter?

No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.Dec 5, 2019

How do I prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

How do I present my case to my lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.Jun 15, 2013

How often should your attorney contact you?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Why is my attorney not fighting for me?

When your lawyer is not fighting for you, you have every right to fire that attorney and get a replacement, and you may have the right to sue in the event that the attorney violated professional codes of ethics.

When should you talk to a lawyer?

An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.Jan 7, 2013

Should I email or call lawyer?

As such, it is usually best to meet other lawyers in person or call them on the phone so that attorneys can have a personal connection with people whom they are contacting. However, many lawyers do not pick up the phone and rather rely almost exclusively on email to communicate with others.Jul 28, 2021

Why do detectives want to talk to you?

Detectives may want to talk for any of the following reasons: Detectives want to talk to people for many different reasons including the following: 1. Figuring out if a crime occurred.

What happens if you don't talk to a detective?

If you do not talk to a detective who wants to talk then you are missing an opportunity to put yourself in a better position during a criminal investigation. You may also be making the best decision by not talking because you may incriminate yourself if you talk.

What is a detective?

Detectives are police officers who are assigned to cases that need more investigation than simply observing a criminal or traffic offense. They can arrest you, issue a warrant for your arrest, and interrogate you once they arrest you.

What is a police detective?

Police Detectives are police officers who investigate crimes that require more than observation of the crime. In Columbus Ohio detectives investigate almost exclusively felony criminal allegations. If a detective is investigating it is normally a serious allegation and you should consult with a criminal defense attorney before you talk.

Can a detective talk to a person without an attorney?

Detectives do not wait for people to get a defense attorney before they begin investigations, so it is normal for a person to be contacted by a detective wanting to talk. You should not talk to a police detective without an attorney present.

Can a detective issue a warrant without a statement?

They may simply continue their investigation without your statement. A Detective Can Issue a Warrant if You Will Not Talk to Them (or if you do talk to them). Detectives only need probable cause that a crime occurred to issue a warrant to arrest or take you into custody immediately.

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 is the job of a lawyer?

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.

Do you have to answer questions if you are stopped?

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.

Do you have to talk to police?

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. It is a good idea to talk to a lawyer before agreeing to answer questions.

Do you have to be interviewed to have an attorney present?

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.

What happens if you make statements to someone other than a lawyer?

If you make statements to anyone other than a lawyer, there is a potential those statements will be used against you. Many times a defendant's own statements are the government's best evidence against a defendant.

Which court held that a confession was admissible even though the police misrepresented the evidence they had against the defendant

Stewart the Ninth Circuit Court of Appeals held that a confession was admissible even though the police misrepresented the evidence they had against the defendant. 5. THE POLICE MAY THREATEN YOU. There are good and bad people in the world and there are good and bad police officers in the world.

How to be polite to police?

You should be polite, but you must be firm. Insist on speaking with a lawyer. Insist on having a lawyer present before you answer any questions. A lawyer will be able to help you deal with the police. A lawyer can tell you whether you are at risk of being charged with a crime.

What does it mean to refuse to give consent to a search?

Your refusal to give consent for a search cannot by itself serve as a basis to conduct a search without your consent. 8. IF YOU THINK YOU ARE A SUSPECT TALK TO NO ONE BUT A LAWYER.

What to do if you are suspected of a crime?

Whether you are innocent or guilty, if you are suspected of a crime, you need to be cautious and contact a criminal defense attorney for help. 2. DO NOT GIVE A STATEMENT AND INSIST ON HAVING A LAWYER PRESENT. If there is any indication that you might be suspected of a crime, do not give a statement.

What to do if the police come to your house?

If the police come to your house in an attempt to question you ask them to leave. Do not continue a conversation with the police if you think you are a suspect in a crime. If the police are at your door attempting to question you, ask them to leave and just shut the door.

Can the police lie to you?

THE POLICE MAY LIE TO YOU . Many people are surprised to learn that the police can lie in order to gain a confession. The police can and do lie to suspects to get them to talk. Do not fall for this. Insist on speaking to a lawyer and having a lawyer present before you answer any questions.

What are the two types of law questions?

There are two major types of law questions, essay questions and problem questions . Law essay questions require you to write an essay. Unlike problem questions that require you to advise parties in a scenario. We have all been answering a level of essay questions right from secondary school, so it shouldn’t be new to you.

What is the conclusion of a law essay?

The conclusion to the law essay question is the final part of essay (just like the name suggests). There are two major ways you can conclude the essay: either by summarizing what you have written, or by giving a recommendation/comment.

Do contracts need to have an offer and acceptance?

It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In a lot of instances, this isn’t really a problem since the offer and acceptance is done in real-time (face to face).

Did the defendant know that the company accepted his offer?

However, the letter didn’t get to the defendant, and as such, he didn’t know that the company accepted his offer. When the company got into liquidation, he was called upon to pay up his share.

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.

Why don't you talk to the police?

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. After you speak to your lawyer, you can talk about how to tell your story.

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 ...

What is the UCMJ?

You have these rights under Article 31 of the Uniform Code of Military Justice (UCMJ). While the UCMJ applies to military members, civilians also have similar rights under the 5th Amendment of the U.S. Constitution. [See footnote] Before we go over the 5 reasons, let’s go over some basic things.

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.”.

Who is Ferah Ozbek?

Ferah Ozbek is a retired from the United States Air Force where she served as an active duty judge advocate for over 20 years . She continues to practice military law and represents military members and veterans who are facing injustice.

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.

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.

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 happens if you can't afford an attorney?

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.”. You can request an attorney. If you do, at the point the interview is over and if you are in custody, you will be taken to jail.

What rights do you have in custody?

If you are in custody, remember your 5th Amendment rights. “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.

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 happens if a body doesn't come in?

If the body comes in, expect conviction on murder/manslaughter. If body doesn't come in maybe a murder/manslaughter conviction based upon circumstantial evidence.

How long does a cell stay in a shitty cell?

It can be as little as 12 hours and as long as 72 hours. It differs by state.