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

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.

Full Answer

Can the police question me after I ask for a lawyer?

The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you. 0 found this answer helpful

Are You Thinking Straight during police questioning?

Most people are not thinking straight during police questioning, and rightfully so. The process is incredibly intimidating for anyone. The most important thing to remember is that the police are not on your side when you are under investigation or after an arrest.

Do I have the right to refuse to answer police questions?

No. You have the constitutional right to remain silent. 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.

Do you have to answer questions when pulled over for traffic?

Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance (but you do not have to answer questions). (Non-citizens should see Section IV for more information on this topic.) Can I talk to a lawyer before answering questions? Yes.

Joshua Sachs

I agree with my colleague that this is a fact-specific issue. You are going nowhere with the "failure" to read you the Miranda warnings, because they were not required in your situation.

Jason Michael Reid

I agree, more info is needed to evaluate whether Miranda was required.

Larry Thomas McMillan

You have asked a very fact specific question which is difficult to answer without all of the facts. Essentially, if you are in police custody (basically arrested and not free to leave) and being subjected to questioning, the police MUST read you your Miranda Rights and get you to sign a waiver of those rights .

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 ...

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.

Do you have to answer questions if you are stopped?

Are there any exceptions to the general rule that I do not have to answer questions? 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.

Can you be arrested for refusing to answer a question?

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. In general, only a judge can order you to answer questions. (Non-citizens should see Section IV for more information on this topic.)

Can you say you don't want to be interviewed?

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer.

Can you lie to a police officer?

Anything you say to a law enforcement officer can be used against you and others. Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.

What to do if you are arrested?

If you have been arrested, you should ask for an attorney, and then you should inform the police that you wish to remain silent. You can do this by either remaining silent or saying something like:

What happens if police fail to give Miranda warning?

If the police fail to give a Miranda warning before questioning you while you are under arrest or in custody, any statement or evidence gathered during these police interrogations cannot be used against you at the subsequent trial. If the confession or statement leads to additional incriminating evidence, that additional evidence will also be ...

Can a person in custody stop answering questions?

Yes. Miranda warnings give the person who is in custody the right to stop answering any questions at any time, even of they previously waived their right to remain silent. Once the suspect asserts the right to remain silent, the police must immediately stop all questioning and cannot continue questioning the suspect regarding any matter.

Can a criminal defense attorney help you?

Yes. A criminal defense attorney can inform you of your rights and defenses. An attorney can also help you if you feel that you are the victim of police misconduct.

Can police ask you to remain silent?

It is a violation of your Miranda rights for the police to continue to question you after they have informed you of your rights and you have asserted your right to remain silent. Anything you say likely will not be admissible at trial. However, the police can try to elicit statements from you even after you say you want an attorney, so the best advice is to remain silent and wait for an attorney.

What happens if you say "I won't say anything without my lawyer"?

The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.

Why do police have to detain you?

The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.

What is the detention point?

The “Detainment”. Here the cop is actually commanding you to remain with him/her at the encounter location, either verbally or by force. At this point you are considered “in custody”. Also at this point you should shut up. Ask if you are being arrested and if not, then go about your day, but DO SHUT UP. Cops at this point have to read you your Miranda warning as soon as it’s reasonably safe to do so. They may in fact arrest you (where you do have rights to silence and a lawyer at this point) and then let you go, realizing they A. Have the wrong person, or B. Don’t have enough evidence to hold you.

Why do police arrest innocent people?

If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.

What to say when you are arrested?

So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.

What happens if you fail to do so?

Failure to do so will almost inevitably result in that evidence being suppressed at trial.

Which amendment states that you can't incriminate yourself under oath?

It's the 5th amendment -- the right not to make the choice to incriminate yourself under oath or perjure yourself.

Should an attorney move to suppress statements?

Your attorney should move to suppress the statements. While I do not know if that will be successful, it is certainly something that should be done pre-trial or in limine.

Can police question you after you ask for a lawyer?

The police are not allowed to question you after you have asked for a lawyer. However, if you agreed to talk to them after they read you your Miranda rights and you did so voluntarily (without pressure, duress, coercion, etc), then the questioning is legal and the answers you gave can be used against you.

Can police continue to question you?

Can they continue to question you? Yes. Officers are often encouraged to continue asking questions as the answers can lead to evidence indirectly that can be used against you. Can they use your answers against you? Probably not. As posted above, the demand for a lawyer must generally be clear and unequivocal. Officers often read you your Miranda rights and immediately begin questioning. If you answer the...

Can police use Miranda rights against you?

No police cannot and no, those statements cannot be used against you. However, a lot of the time, the police will state in their report, they you waived your Miranda rights. You would have to prove that you didn't and then you could suppress any statements made in violation of Miranda...

Can you ask for a lawyer to read a police report?

Simply asking for a lawyer does at some stage of a police contact does not prevent them from Mirandizing you and then asking for a Miranda waiver. If they read you your rights and then you asked for a lawyer and admitted that in the police report or recorded it, then you will be able to suppress those statements.

What should your answer be after an arrest?

After an arrest, when the police place you in an interview room, your answer to the first question should be, “I am invoking my right to remain silent. I want to contact my attorney.”

What to say after an arrest?

After an arrest, when the police place you in an interview room, your answer to the first question should be, “I am invoking my right to remain silent. I want to contact my attorney.”.

What happens if you are arrested for a crime?

If you are arrested for a crime and booked into jail, then the police must inform you of your Miranda rights before they can question you.

Which amendment gives you the right to an attorney?

Your right to an attorney during criminal prosecutions is provided by the Sixth Amendment of the U.S. Constitution, which states:

What to do if you are called in for questioning by police?

If you are called in for questioning by police, you need to tell them that you want a lawyer. Don’t be afraid to speak up, either! It’s YOUR RIGHT. Here is a polite and perfectly legal statement that you could offer:

What amendments protect you from being questioned by police?

Then, invoke your Right to Remain Silent. The Fifth and Sixth Amendments of the U.S. Constitution protect both of these actions.

What is the defense to a statement?

A common defense to statements is accusing law enforcement of coercion. However, police officers and detectives are prepared to say that you offered your statement voluntarily. If your statement was coerced, then you must have evidence to prove that it happened.

What is the most important thing to remember when you are under investigation?

The most important thing to remember is that the police are not on your side when you are under investigation or after an arrest. One of their goals is to document your actions to use it as evidence in the courtroom, either supplied in the arrest documents or to prosecutors directly.

What is the right to remain silent during an arrest?

Your Miranda rights are those read by the arresting officer, which includes the provisions outlined in the 5th Amendment as follows: “ You have the right to remain silent. Anything you say can and will be used against you in a court of law.

Can police questioning lead to a search warrant?

Police Questioning Can Lead to a Search Warrant. Law enforcement officers can ask a judge to execute a search warrant after police questioning. Police questioning is an evidence-gathering mission for them. If this situation happens to you, be aware that you do not have to let them in until you have a chance to review the warrant.

Did the suspect in the tuna case mean to do it?

While in custody and being questioned for what the suspect believes is inadvertently stealing a can of tuna, he admits to the crime and says that he did not mean to do it.

What is required when a police officer questions someone?

Whenever a police officer questions someone, an explanation of rights and obligations is required. There are different rules for each situation.

What does it mean when police call someone at work?

When police begin calling someone at home or work asking for answers to a few questions, it usually means they think the person is connected to a crime. A common initial response to these kind of inquiries is a desire to “clear the air” by voluntarily engaging in questioning.

What happens if you accidentally say one name instead of the other?

If you misspeak or accidentally say one name instead of the other, this can cause suspicion. Even if you immediately recognize and correct your error, it’s too late. The police have already made a note of it.

What happens if an officer has probable cause?

If an officer has probable cause, he or she can make an arrest. This obviously takes a situation beyond simple questioning. Even if someone being arrested is completely innocent of a crime, law enforcement will take action if they have a reason to believe evidence links him or her to a crime.

When are criminal defense attorneys hired?

Criminal defense attorneys are generally hired after someone is arrested and charged with a crime.

Does a temporary detention require a warrant?

This kind of questioning does not require proof or a warrant. A situation ceases to be “voluntary” any time police indicate that a suspect cannot leave. A temporary detention takes place when police have “reasonable suspicion” to believe an offense has been committed and the person being questioned was involved.

Can an attorney prevent a suspect from saying something incriminating?

At the very least, an attorney can prevent a suspect from saying something incriminating in front of police. Some people might be concerned that hiring an attorney before charges are filed will make law enforcement suspicious. Even if this is true, suspicion isn’t proof of anything.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

What happens if you tell the truth?

Even if you are innocent and you tell the truth, you will always give the police some information that can be used to help convict you.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Is it a good idea to talk to law enforcement?

Hopefully, this gives you the basic idea of why it is never a good idea to talk to law enforcement. It is natural for people to want to prove they are innocent, but it backfires. While you should always be respectful, always ask for a lawyer. Always.

Is it smart to ask for a lawyer?

This is not true. It is ALWAYS smart to ask for a lawyer.