what if police don't stop after you ask for a lawyer

The police must stop questioning you until you have talked to a lawyer in private. The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try. If after several tries you still can't reach the lawyer and they have not called you back, the police must let you talk to a different lawyer.

Full Answer

Can the police question you after you ask for a lawyer?

First and foremost, you should understand that the key to Miranda rights is silence. If you fail to exercise the right to remain silent, then Miranda will not protect you. All Questioning Must Cease Once an Attorney is Requested. If you are in police custody and you are being questioned, you can at any time prior or during the interrogation ask for counsel. Once you ask, the questioning …

What happens if you don't talk to a lawyer?

Apr 30, 2021 · If you have been charged with failing to stop for an office or with willfully evading a stop, you probably want to consult with an experienced criminal defense lawyer. The lawyer can analyze the facts of your case and advise you of the best way forward. The lawyer can handle pre-trial plea negotiations and any hearings or trial that may be necessary.

What happens if you refuse to stop for police?

Answer (1 of 5): There are two separate rights that you want to invoke when asking for a lawyer. 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 …

What can I do if I'm arrested without a lawyer?

What to do if you are arrested or detained. 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.

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.

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.

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 Miranda be used in a trial?

That doesn’t mean the case can’t proceed. Rather, it can and often does proceed, minus the statements.

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.

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.

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 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.