what if i was denied a lawyer by the cops

If you requested an attorney during questioning, and the police denied you that request, your rights may have been violated. Once you request the assistance of an attorney, the police are prohibited from questioning you later without your attorney.

Full Answer

What happens if you answer police questions without an attorney?

A criminal suspect who decides to answer police questions without an attorney present still has the right to ask for an attorney at any later point. Once a suspect asks for an attorney, all questioning must stop until the attorney arrives. Unfortunately, police brutality and unfair treatment continue to occur in the United States.

Do I need a lawyer to talk to the police?

In other words, you have the right to have an attorney present during the first, and any subsequent, talks with the police. Just as you are entitled to have an attorney, you are also entitled to a state-paid and appointed attorney if you cannot afford your own attorney per a state's or county's guidelines.

What are my rights if I'm being questioned by the police?

Your rights 1 Say you wish to remain silent and ask for a lawyer immediately. Don’t answer any questions or give any explanations or... 2 You have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will... More ...

How to file a complaint against a police officer for violating rights?

When your rights have been violated 1 Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were... 2 File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can... More ...

Denied a Lawyer Twice in Custody

I need some assurance. I was recently arrested during a traffic stop. After read my Miranda rights, i agreed to call a lawyer. The officer responded by telling me soon and to step into the back of the car. Minutes later i banged on the door with my elbow until gaining the attention of one of the officers.

Re: Denied a Lawyer Twice in Custody

The right to speak with an attorney applies when you are being questioned. They can detain you without allowing you speak to an attorney. When you finally hire an attorney that attorney can review the reports and determine if there are grounds to suppress any evidence. Miranda does not appear to be one of those grounds.

Re: Denied a Lawyer Twice in Custody

Im sorry to have posted here then, but i am a Canadian resident. I thought the United States had the same rights.

Re: Denied a Lawyer Twice in Custody

Im sorry to have posted here then, but i am a Canadian resident. I thought the United States had the same rights.

Re: Denied a Lawyer Twice in Custody

It is true, we are allowed to speak to one immediately upon arrest.

Re: Denied a Lawyer Twice in Custody

I seriously doubt they are required to drop what they are doing and call an attorney for you while they are busy and in the field.

Re: Denied a Lawyer Twice in Custody

This is exactly what i was told by the officer. Exactly. He even told me the phone number and asked if i understood and wanted to call one. This is exactly section 10b) of our charter:

What to do if you can't pay for a lawyer?

Say you wish to remain silent and ask for a lawyer immediately. Don’t answer any questions or give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.

How does being stopped by police go bad?

Being stopped by police is a stressful experience that can go bad quickly. Here we describe what the law requires and also offer strategies for handling police encounters. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. However, you cannot assume officers will behave in a way that protects your safety or that they will respect your rights even after you assert them. You may be able to reduce risk to yourself by staying calm and not exhibiting hostility toward the officers. The truth is that there are situations where people have done everything they could to put an officer at ease, yet still ended up injured or killed.

How to prepare for a possible arrest?

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

How to remain silent when police search your house?

Even if officers have a warrant, you have the right to remain silent. You should not answer questions or speak to the officers while they are in your house conducting their search. Stand silently and observe what they do, where they go, and what they take. Write down everything you observed as soon as you can.

How to remain silent when arrested?

Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer. If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.

How to stop a car in a safe place?

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard. Upon request, show police your driver’s license, registration, and proof of insurance.

What happens if you are arrested by the police?

If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.

What to do if you are arrested for a crime?

Being arrested and charged with a crime is a horrible experience, but knowing your rights is invaluable. If you or someone you know has been charged with a crime and has concerns about their rights being violated, talk to an experienced attorney right away.

What are the rights of a person accused of a crime?

One of the most important rights of a person accused of a crime is the right to remain silent. You cannot be forced to divulge information to the police.

What rights do you have when you are arrested?

Another absolute right of a person under arrest for a crime is the right to have an attorney present during questioning and the right to have counsel during any trial. If you requested an attorney during questioning, and the police denied you that request, your rights may have been violated. Once you request the assistance ...

What happens if you are told you have the right to remain silent?

If you were told that you had the right to remain silent, but were not informed of the consequences of choosing to speak, your rights may have been violated. Another absolute right of a person under arrest for a crime is the right to have an attorney present during questioning and the right to have counsel during any trial.

What happens if you are not treated humanely?

If you were not treated humanely, for instance if you were deprived of food and water or if you were beaten either during police questioning or while in a holding cell, your rights may have been violated. The government cannot hold you for an extended period of time without charging you with a crime.

How long does it take to get charged for murder?

In some states, a charge must be brought within forty-eight hours; in other states the time limit is different.

What is the cornerstone of the criminal justice system?

The cornerstone of the U.S. criminal justice system is the belief that all people are innocent until proven guilty. If you were punished or treated unfairly while awaiting trial, your rights may have been violated. You are also entitled to what is called a "speedy trial.".

3 attorney answers

Your case is likely at the 52/3 District Court, because it is common for Judges at that court to make the decision to not provide a lawyer to someone in your situation (most other Courts would provide you with a public defender). You can try and approach a lawyer to make a payment agreement in order for him/her to take your case.

Daniel P. Hilf

You need to fo everything you can to hire a lawyer. This is serious. Try calling attorneys and working something out.

Michelle L. Radloff

You really have to reset your priorities for a while or spend some savings and engage an attorney. The court believes you can afford one. Do not feel bad, an appointed attorney is commonly ordered paid by you as part of the judgment/verdict. Domestic violence is a serious crime and a conviction will make it a federal crime...

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.