what if a suspect gets a lawyer for an interview

A criminal defense attorney or their assistants have a right to ask a prosecution witness for an interview as long as they are not harassing or threatening them. The prosecution can advise the witness that they are not required to go through this conversation, but they cannot block them from meeting with the defense.

Full Answer

Can a police officer stop questioning a suspect without a lawyer?

An explicit request for an attorney requires all questioning to cease. If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions.

Do you have to tell the police you have an attorney?

You should also advise the officer that you want your attorney present. You should not answer the police officers’ questions or talk to them because they could get you to make incriminating statements. Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney.

What can you say in a police interview without an attorney?

There is rarely anything one can say during a police interview (with or without an attorney present) that will be helpful at trial. The reality is that anything you say in a police interview is more likely to hurt you than help you. If an attorney wants to know things from their client, they will ask the client.

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

When a suspect has been taken into custody and has requested an attorney all questioning must cease until?

U.S. (512 U.S. 453 (1994).) The Court noted that if a suspect invokes the right to counsel at any time, the police must at once stop the questioning until a lawyer is present.

Should you ever answer questions without a lawyer?

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 police need to suspend questioning when the defendant's attorney first calls to talk to the defendant do the police need to inform the defendant of the attorney's call?

General Rule: Questioning Must Stop Generally, the police must immediately stop probing if the detainee invokes either the right to remain silent or the right to counsel. If the suspect invokes the latter, questioning must cease until counsel is available.

Under what circumstance might the Miranda rule be ignored legally?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.

Should I have a lawyer for a police interview?

If you have been arrested and taken to the police station, then you should ask to speak to a solicitor before the interview takes place. The police must heed this request; the interview cannot occur until you have talked to a legal representative. The police may try to persuade you against seeking legal advice.

Does getting a lawyer 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.

Can police question you after you ask for a lawyer?

Being questioned without legal advice Once you've asked for legal advice, the police can't question you until you've got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

How do you discredit a police officer in court?

How to Discredit a Police Officer in CourtReminding the judge and jury of an officer's inconsistent statements.Asking detailed and specific questions about the incident.Hiring experts to testify on your behalf.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What two criteria must be met for the Miranda warning to be necessary?

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.

Can you be handcuffed without being read your rights?

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

What are the two requirements that must be satisfied before a waiver of Miranda rights is considered valid explain?

Correctly advised: The suspect must have been correctly advised of his Miranda rights. Understood: The suspect must have expressly said he understood his rights. No coercion: The officers must not have pressured or otherwise coerced the suspect into waiving his rights.

Why shouldn't you answer police questions?

You should not answer the police officers’ questions or talk to them because they could get you to make incriminating statements. Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney.

What rights do you have when the police contact you about a crime?

If the police are contacting you about a criminal investigation, you want to exercise these important rights: Right to leave.

What happens if you are not under arrest?

If you are not under arrest and have not been given your Miranda rights under the 5 th Amendment to the U.S. Constitution, you can and should leave. If the police stop you, the problem may be that you may not be certain if you are being arrested or simply questioned. The best strategy is to ask the officer.

Can you discuss a case in jail?

If you are placed in a holding cell, do not discuss your case with inmates. Do not discuss your case on a jail telephone as the conversation could be tape recorded.

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.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

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.

Is a policeman your friend?

All of this adds up to one fact: generally speaking, the policeman is not your friend. Although they pretend to be, to get you to admit to things that you may or may not have done. Google "why you shouldn't talk to police" and watch the YouTube videos, especially the second one, a lecture by a cop.

Can you be released if you have enough evidence?

There may be a couple variations to these options but these are basically what would occur. The short answer is that you would most likely be released, unless they have enough evidence to charge you with a crime. Either way, informing them you want a lawyer and choosing not to talk is ALWAYS your best bet.

Can a police officer interrogate a person in custody?

As far as Miranda itself goes, briefly, the rule is that before a police officer can interrogate a subject who is in custody, the subject must be advised of his Miranda rights. Note the two concepts: interrogation ( viz ., questioning) and custody.

Is it a crime to represent yourself as an attorney?

Continue Reading. In every state of which I am aware, it is a criminal offense for a person to represent themselves as an attorney unless they are actually admitted to the bar. In many cases, the offense is complete if you just offer legal advice, although the bar is set higher there.

How to stop custodial police interrogation?

A custodial police interrogation may be stopped by: A clear request for an attorney. A clear request to remain silent. But after either request, if the suspect initiates conversation, then any statements made may be used against the suspect as evidence at trial. Find the Right Criminal Lawyer.

Where can police interrogations occur?

Types of Police Interrogations. An interrogation can occur at the police station, in jail or at the scene of a crime. There are two types of police interrogations:

How can a non-custodial interrogation be ended?

A non custodial interrogation can be ended by leaving. If the police do not allow the person to leave, then the interrogation has changed from a non custodial interrogation to a custodial interrogation. A custodial police interrogation may be stopped by: A clear request for an attorney. A clear request to remain silent.

What is the purpose of interrogation?

An interrogation is the direct questioning of a person under conditions which are partly or fully controlled by the questioner. A police interrogation involves persuasion, influence, and trickery with the goal being to obtain a confession or at least an admission of anything that would implicate the suspect in criminal behavior.

What are the rules for police?

In trying to elicit information from a suspect, the police are not allowed to: 1 Use physical force such as torture 2 Mental coercion such as mental torture, brainwashing, or drugging 3 Threats or insults 4 Exposure to unpleasant and inhumane treatment 5 Use inducements, such as the promise of bail or of non-prosecution

Can a person be interrogated in custody?

The person being interrogated is not free to leave police custody. Once a person is in police custody, the suspect must be read his Miranda rights if the police want to question him and to use the answers as evidence at trial.

Can evidence obtained from an illegal interrogation be used in court?

Evidence obtained directly as a result of an illegal interrogation cannot be used in court as evidence against a defendant. In addition, evidence that would not have been obtained but for the illegal interrogation may also be inadmissible at trial.

Who conducts the interview with a victim?

The attorney rather than the defendant should conduct the interview. If the witness is a victim, the interaction may lead to additional charges if the defendant conducts it. Anything that the defendant says to a victim or any other witness can be used against them in court, and other complications also can arise.

What happens if a witness refuses to speak to the defense?

If a witness declines to speak to them, the defense may raise their refusal at trial as evidence of their bias against the defendant, which may reduce the credibility of their testimony. Sometimes the conversation may inform the defense about other witnesses and evidence that may bolster their arguments.

What happens when a prosecutor refuses to cooperate?

When a Prosecution Witness Refuses to Cooperate. An attorney might be able to convince a witness to talk with them despite their reluctance. In other situations, they might retain a private investigator to handle the conversation.

What is the discovery process in a criminal case?

Part of the discovery process in a criminal case involves investigating the evidence that the other side will present. Criminal defendants and their attorneys will want to assess the strength of the prosecution’s case. This will help them decide whether to accept a plea bargain or go to trial, as well as helping them craft arguments that may be persuasive in negotiations or at trial. If the defense finds out who will be testifying for the prosecution, they can get access to their statements. However, they also may want to talk to these witnesses on the phone or in person.

Does a statement cover all the information that the defense might want to know from the witness?

Sometimes the statement does not cover all of the information that the defense might want to know from the witness, since the prosecution is approaching the case from a different perspective. By talking to an opposing witness in person, the defendant’s attorney can get a better sense of their credibility.

Do prosecution witnesses have to cooperate?

However, most jurisdictions prohibit prosecutors from explicitly instructing witnesses not to cooperate.

Can a witness be impeached for not remembering the events?

If they do not remember the events clearly or in detail, this may be a basis for challenging their testimony at trial. Also, by hearing their story in advance, the defense can more easily impeach the witness if they make inconsistent statements during direct examination or cross-examination.

What is the best way to interrogate a suspect?

You shouldn't try to interrogate anyone if you lose your nerve or have a prejudice as to the innocence of the person. Be calm and try to find the truth, not to prove you're right in your suspicions. Be suspicious yourself so that the suspect is mystified.

How to interview a person who is nervous?

1. Start the interview with light conversation. While doing so, establish the character of the questioned person. This may involve their occupation, musical preferences, family, etc. During this preliminary chat look for signs if the person is nervous and scared, prone to bragging, confident or not.

Can you ask for an attorney if you are not detained?

You may even request an attorney at this point. If not detained or suspected of a crime, the FBI will likely inform you of this so as to get the information needed. However, if there was any chance of even the slightest involvement, answering questions could make you a suspect.

Can you work in an office where someone has embezzled government property?

Work in an Office where someone has Embezzled Government property – You may not even know the person investigators seek, but if you are certain you were in no way involved, you likely have nothing to be concerned about. However, if there is any doubt, you can always refuse to answer questions.

Does refusal make investigators harder?

Know this, however. Even if entirely innocent of any crime, a refusal is likely to cause investigators to press harder. If there is any connection between you and the crime, they will find it. So in some situations, the question of answering questions posed by the FBI is a bit of a rock and hard place scenario.

What happens to a suspect's right to counsel?

A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn't carry over to the next detention. For example, assume Glen invokes his right to counsel and is released from custody.

What happens if a detainee invokes the right to counsel for only a limited purpose?

If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose. For example, suppose that, after being Mirandized, Becky doesn't claim her Miranda rights and answers questions.

What happens if Glen invokes his right to counsel while captive in jail?

If Glen invokes his right to counsel while captive in jail and officers return several hours later and begin questioning him again, while he is still in jail, then they have violated Miranda. However, suppose Glen has been serving time in prison when officers first approach him.

Can police reinitiate questioning?

If the suspect invokes the latter, questioning must cease until counsel is available. But if the detainee invokes only the right to remain silent, the police may reinitiate questioning at a later time, provided that they honor the right to remain silent. What it means to "honor" the right to remain silent after a suspect invokes it isn't always ...

Can a prosecution use Miranda?

But this isn't necessarily the end of the story: Some circumstances allow the prosecution to use statements a suspect makes after having invoked Miranda. These circumstances constitute a waiver of Miranda rights. (Sometimes prosecutors can use even statements obtained in violation of Miranda .)

Does Becky have a right to counsel?

Becky has invoked her right to counsel for the limited purpose of reviewing the statement—she hasn't invoked it generally. Thus, although the police must wait for her lawyer to be present to persist with the signature request, they may continue questioning her for as long as she is willing to speak with them.

Can you invoke Miranda rights after being a detainee?

There's no time limit for invoking Miranda rights. After receiving the warnings, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible.