First, if you are already in custody, it is because the police believe–or at least strongly suspect–that you did something wrong. Not having a lawyer present is unlikely to change that view. Second, an experienced criminal defense attorney understands how the police and the legal system work.
Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be used in court against you. The Miranda warning only applies to criminal suspects and only if they want to use your statements in court.
You can refuse to talk to the police without a lawyer present. You can say this whether or not you have or even intend to retain a lawyer. A useful variation is to ask the police person to make a list of the questions it wants answered for you to vet with and attorney.
Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer?
If the police truly need to interview them, they will make a request through the prosecutor’s office that the court appoint an attorney to represent the accused. Once that happens, the police will make arrangements to do the interview at a time and place when the attorney can be present.
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.
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.
What is the Public Safety/Emergency Exception? Statements made during a custodial interrogation without Miranda warnings can be used against a defendant if the questioning was necessary to secure officers' safety or the safety of the public.
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.
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.
The wording used when a person is read the Miranda Warning, also known as being 'Mirandized,' is clear and direct: “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 an attorney. If you cannot afford an attorney, one will be provided for you.
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.
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.
Police are required to read your Miranda Rights after an arrest and before questioning. If they fail to “read you your rights,” it may make some or all of the following questioning inadmissible in court and affect the prosecution's ability to convict you for a crime.
Your lawyer can speak to you privately, either on the phone or in person, at any time while you remain in police custody. You can also request to have a solicitor in the room with you while you are being questioned.
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.
Answer: Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you. Otherwise, Miranda doesn't apply and they're not required to be read.
Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer? Hardly.
In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative.
Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for. You might also be able to get some direction as to who can help you for free or a bargain basement price.
That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you.
Many law schools have pro bono programs in which law students can offer free legal advice. Some of the schools that have such programs include American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.
You can find more ideas at LawHelp.org, a nonprofit aimed at connecting people with low and moderate incomes to free legal aid programs in their communities.
Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.
I would recommend calling a couple more lawyers, and if they feel the case is a nonstarter, take their advice.
I would recommend calling a couple more lawyers, and if they feel the case is a nonstarter, take their advice.
I would recommend calling a couple more lawyers, and if they feel the case is a nonstarter, take their advice.
The attorneys you are dealing with would be in the best position to explain why they are not responding the way you want them to. However, I will share the reality of medical malpractice law which generally applies all over the country. The medical and insurance lobby have spent years and millions of dollars to...
Your experience is usually a sign that the case is not worth pursuing. Alternatively, you've been talking to inexperienced lawyers. If you really feel you have a case, keep trying.
Reposted under Medical Malpractice practice area to have a better chance of a helpful answer as this is not as much about ethics.