what happens if you ask for a lawyer

Full Answer

What happens if a lawyer refuses to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case, the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What should I expect from my lawyer?

You should know that many states have laws regarding when and how a lawyer must communicate with clients. In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner.

Can a lawyer ask for documents from a case?

Most documents held by your lawyer that relate to the case are yours — ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case. What if I feel that my lawyer has acted unethically?

What to do if your lawyer does not do what you want?

If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them.

Should you immediately ask for a lawyer?

You should request an attorney immediately if you are being questioned about a crime and you may be the target of the investigation. You should request an attorney if the answers may incriminate you. Perhaps just as importantly, you should request an attorney if you are not sure.

Does asking for an attorney make you look guilty?

Hiring a lawyer does not make you look guilty; it makes you look serious about your innocence, reputation, and future. You cannot be arrested or convicted for looking guilty. You can be charged and convicted if there is sufficient evidence against you.

Why should you ask for a lawyer?

The main reason why you should have a lawyer present with you if you are being questioned by police in the state of California is right there in the Miranda rights: “Anything you say can and will be used against you in a court of law.”

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.

How much does it cost to hire a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

Can I fight my own case in court?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

Can I represent myself in court?

You have a right to represent yourself in court in a civil case. If you choose to represent yourself, the court will hold you to the same standards as if you were a lawyer. Some cases are simple and straightforward.

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.

What do lawyers do?

Advise and represent clients in courts, before government agencies, and in private legal matters. Communicate with their clients, colleagues, judges, and others involved in the case. Conduct research and analysis of legal problems. Interpret laws, rulings, and regulations for individuals and businesses.

What are legal questions?

An issue that is always resolved by a judge, not a jury, including: An issue regarding the application or interpretation of a law. An issue regarding what the relevant law is. ... An issue of fact that nevertheless has been reserved for judges, not juries, to resolve.

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.

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 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.

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 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 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.

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.

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.”.

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.

Can you crucify someone if they tell you they are innocent?

Even if you are innocent and tell the truth and do not tell the police anything incriminating, your answers can still be used to crucify you if the police have evidence that something you told the police was false.

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.

What happens if you fail to do so?

Failure to do so will almost inevitably result in that evidence being suppressed at trial.

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.

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.

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.

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.

What to do if you are pulled over by police?

If the police pull you over because they believe you are driving under the influence (DUI), you may feel like you need to ask to talk to your attorney. In the U.S., though, most states do not have a law that says you may talk to a lawyer just because you have been pulled over to be questioned by the police. Technically, you are not in police ...

What happens if you refuse a blood test?

If you refuse, the police will likely ask you to take a test to determine your level of intoxication or your Blood Alcohol Content (BAC). Police may also use other cues to assume intoxication, such as the dilation of your pupils.

What is reasonable cause for police to pull you over?

It is important to be aware of what raises reasonable cause for the police to pull you over on suspicion of driving under the influence. They may pull you over, question you and administer tests to determine intoxication if they see you doing the following: Driving erratically; Driving excessively slowly; Speeding;

Why do police pull you over?

Police may pull you over for any reasonable suspicion of intoxicated driving. They may also pull you over for other issues with your car, such as having a taillight out. This information is important because if a police officer pulls you over without reasonable suspicion, it may get your DUI case thrown out.

What happens if you are arrested for driving under the influence?

If the officer does have reasonable suspicion that you were driving under the influence, you will be arrested and transported to the police station or a hospital for a blood, breath, or urine test. Upon arrest, the police must read you your Miranda rights, reminding you that you do not have to say anything that may be used against you.

Can you be arrested for refusing a breathalyzer test?

The breathalyzer test, or blood or urine test to determine level of intoxication may be voluntary, but, typically, you may still be arrested and charged with drunk driving for refusal to allow the test. In some cases, forced BAC tests may be done, especially if the driver under suspicion is injured and refuses a test.

Do you have to incriminate yourself when you are arrested?

You are not required to incriminate yourself in order to reply to questions posed by the police. If you are arrested, you will be able to meet with your attorney, who can advise you and help you respond to police questioning.

What happens if my attorney doesn't respond to my question?

If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What to expect when your attorney does not respond?

In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner. If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What is lawyer communication?

Lawyer communication refers to the correspondence and communication between a client and his/her attorney. If you have a lawyer communication problem, you may be wondering if you have a bad attorney or if he or she is doing a poor job on your case. You should know that many states have laws regarding when and how a lawyer must communicate with clients.

How to communicate with a lawyer?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following: 1 Give you advice about your legal situation 2 Keep you informed about your case 3 Tell you what he or she thinks will happen in your case 4 Allow you to make the important decisions regarding your case 5 Give you an estimate about what your case should cost 6 Assist you in any cost-benefit analyses that you may need 7 Keep in communication with you 8 Inform you of any changes, delays or setbacks 9 Give you the information you need to make good decisions, and 10 Prepare you for your case, including deposition and trial preparation.

What are the aspects of an attorney-client relationship?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following:

What are the consequences of disciplinary action?

The results of these disciplinary actions can include paying fines, returning stolen money, suspension from the practice of law, revocation of a law license (disbarment) and more.

What is billing at an attorney's rate?

Billing at an attorney's rate for work done by a paralegal or legal secretary. Complaints regarding over-charging for time spent on a case. The first thing that you should do upon finding and hiring the right lawyer for your case is to make sure that you get the fee agreement in writing that you can understand.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.