what happens if you tell the police you will not talk to them and you want a lawyer present

by Hilda Schiller 6 min read

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.

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.

Full Answer

Can a lawyer tell a client not to speak to the police?

What the police the police will not tell you, however, is: “We want you to speak with us because we hope that you will tell us something that can be used against you.” It is important to remember that by the time the police have contacted you and asked to meet with them, the police may have already decided to arrest you and lay a charge ...

What will the police not tell you?

Mar 22, 2012 · If the detective wants to arrest you but does not have enough evidence to make an arrest, and your attorney speaks to him, you will not be arrested. If you go to the precinct, any statement you make WILL be used against you and you will be arrested. There is no way that going to the precinct will be beneficial, whether you are guilty of a crime or not. Why You …

Should you talk to the police if you are guilty?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. The police officer's job—besides protecting and serving the public—is to make arrests. In fact, some police officers are tasked with "arrest goals" or "arrest quotas" that they are expected to achieve each week. When a police officer stops you on the street, in your ...

What happens if you talk to a police officer over the phone?

The short, simple answer is-never give any answers on the telephone. Tell the detective you’ll be happy to come down, get his name and telephone number, and IMMEDIATELY call a good criminal lawyer. If the precinct is in Queens, I would suggest you call a good Queens criminal lawyer with a lot of experience dealing with police in Queens. Your ...

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Do I have the right to remain silent?

In the Miranda decision, the Supreme Court spelled out the substance of the warnings that officers are required to give to you, either in writing or orally, before questioning you: You have the right to remain silent. Anything you say can and will be used against you in court. (5th Amendment)

What happens if you call the police and they don't come?

Since the police have no duty to protect you, you have no claim against them for failing to show up when you call. However, even if you can't sue the police for your injury, you may be able to sue your attacker in civil court.May 7, 2015

Can you refuse to speak to police UK?

You don't have to answer any questions the police officer asks you, unless the officer suspects you are linked to an offence. The fact that the police may have stopped someone does not mean they are guilty of an offence.

Do you have to participate in an interrogation?

In California, the police may generally question minors without their parents' consent. But, as noted above, a juvenile interrogation must be voluntary.

What do you do when the cops don't come?

Even if law enforcement isn't able to come to the scene and make a report, you can still go to your nearest police station and request a report. Some places even let you file a police report online. If you aren't sure how to file a police report, just call your local non-emergency number and ask about your options.May 27, 2021

What do the police say when you call them?

When you call 911, a call-taker will answer the phone and say "911" or "911, what's your emergency?". Ideally, you should tell the call-taker what the emergency is, for example: "My house is on fire!" "There's someone breaking into my home!"

Do you have to open the door to the police UK?

The police may knock and announce their presence at your door but, unless they have a warrant, you are not required to open the door, to answer any questions, or to cooperate with the police in any fashion.

Do I have to answer police questions?

You can just stay silent. You can talk to a lawyer – They have to tell you that you've got the right to talk to a lawyer, in private, and without any unreasonable delay, before you decide whether or not to answer the police's questions.

Can you defend yourself against a police officer UK?

You have the right to defend yourself if you are being attacked, even if the person attacking you is a police officer. Despite this, resisting arrest is a crime, and police officers are allowed to use force against defendants who resist arrest.

Can police lie during an interrogation?

In nearly every state, it's legal for police to use deceptive tactics during interrogation. In fact, Oregon, Illinois, and Utah just became the first states in the country to ban police deception during the interrogation of juvenile suspects, who are especially vulnerable to false confessing.Apr 18, 2022

Can you walk out of an interrogation?

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.

What triggers Miranda warnings?

There are two very basic prerequisites before the police are require to issue a Miranda warning to a suspect:
  • The suspect must be in police custody; and.
  • The suspect must be under interrogation.
Jan 15, 2019

Can you be charged with a crime if you refuse to talk to the police?

The fact that you refused to talk to the police cannot be used against you. In talking to the police, you could unwittingly say something that gives them reason to think you are guilty, or gives them additional evidence that they can use to officially charge you with a crime.

What is the trouble with trying to help the police?

The trouble here is that, in the process of trying to help the police, you may be putting yourself into a situation that gives the police evidence against you. There are too many unknown factors for you.

Is ignorance of the law an excuse for breaking the law?

We’ve often heard it said, and it is true, that “ignorance of the law is no excuse” for breaking the law. If the police are asking to talk to you, there is a good possibility that they believe you have broken a law, and they may have evidence to support their belief.

Can you make a statement to the police?

Make No Statement to the Police under Any Circumstances. You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect.

Why do police call you to the precinct?

You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect. He isn’t specific and doesn’t say whether or not he intends to arrest you. Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk.

What happens if you are guilty of a crime?

Scenarios If You Are Guilty. If you are guilty of the crime the detective is investigating, and you admit your guilt, your admission will be used against you . It is always a possibility to eventually plead guilty, and perhaps receive a plea deal, if you actually are guilty.

Can you speak to a police officer?

Of course, you are always free to speak with a police officer and there are many reasons why it may be in your best interest to do so—for example, you were the witness to, or victim of, a crime.

What to consider before speaking to police?

Here are some general rules and factors to consider before or when speaking to police officers. (Also know that being respectful and staying calm can go a long way. The less uneventful your interaction is, the better.) Understand consent. As a general rule, if a police officer doesn't suspect you of a particular crime, ...

What is the job of a police officer?

The police officer's job—besides protecting and serving the public—is to make arrests. In fact, some police officers are tasked with "arrest goals" or "arrest quotas" that they are expected to achieve each week. When a police officer stops you on the street, in your car, or even knocks on your door at home, chances are good ...

Can a police officer stop you?

In many states, a police officer can stop you in public and require that you provide identification, even if there is no reason to suspect you of criminal activity. In some states, failure to identify to a police officer is a crime.

Do you have to consent to a police search?

If a police officer comes to your residence and wants to question you, you don't have to let the officer in or answer any questions. You don't have to consent to any searches unless the officer has a search warrant or can justify the search on an emergency basis, as explained below. Plain view.

Can a police officer enter a residence without a warrant?

Officers can enter residences without a warrant in certain emergencies. For example, if the officer is in "hot pursuit" of a suspected felon who runs into the residence, an officer hears shouts for help, or a police officer is responding to a complaint and sees evidence of criminal activity.

When do you have to read Miranda rights?

Miranda rights must be read to a person only when the person is being interrogated and is in custody (not free to walk away). Delay, if necessary. If you are not detained or in custody, you can always delay answering questions by asking the officer to return at another time.

Do you have to 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 ...

Do you have to give your name to police?

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.

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.

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 ...

Can police lie to you?

Police officers can legally lie to you about having evidence. Shutterstock. If a policer officer tells you that they found your DNA at the scene of the crime, they may not necessarily be telling the truth—and that's perfectly within their rights.

Can police look at your phone?

Unless you give your express consent or there is a warrant, the police do not have the right to look through the contents of your phone—even when you're in their custody. This was decided in the landmark Riley v. California case in 2014, for which Chief Justice John G. Roberts, Jr. decided that, since "digital data stored on a cell phone cannot ...

Can police search your home without a warrant?

Not only do police officers not have the right to enter your home without a warrant, but they also can't search your property without one or your consent. But this right is rather recent; it was only in 2018 that the Supreme Court ruled in Collins v.

Can you film police officers?

You are legally allowed to film and photograph police officers. Shutterstock. The American Civil Liberties Union (ACLU) of Connecticut notes that as long as you are in an outdoor public space or on private property with the owner's permission, a police officer cannot command you not to photograph or film them. 8.

Do police have to read Miranda rights?

The police aren't required to read you your rights if you aren't being detained. Shutterstock. The Miranda rights —that is to say, the rights that police officers are obligated to read when they arrest someone—only apply to custodial interrogations, or interrogations that happen while someone is in police custody.

Can police pull you over without probable cause?

The police don't have the right to pull you over without probable cause, notes Dallas criminal attorney Mick Mickelson. What's more, if they do pull you over without a reason to do so and subsequently find evidence of a crime in your car, "they usually can't use that evidence in court against you.". 18.

Can a police officer give you a speeding ticket?

A police officer can give you a speeding ticket based on their visual observations alone. Shutterstock. Believe it or not, a police officer doesn't need to use a speed gun in order to determine whether or not you're driving above the speed limit.

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