what law is wanting a lawyer before talking to police

Full Answer

What are my rights when speaking to the police?

This right is granted because the police officer has an obligation to protect the public and preserve evidence. If you have questions regarding your rights when speaking to the police, contact a criminal defense attorney.

Should I answer police questions if I have been arrested?

If you have any reason to believe that you may be implicated in a crime, lawyers typically advise that you remain silent and simply don't answer a police officer's questions, at least until you have consulted with an attorney.

Can a police officer ask you questions without reading your Miranda rights?

If a police officer has not taken you into custody or prevented you from leaving, the officer can ask you questions without reciting your Miranda rights. The information you provide can be used against you. Miranda rights must be read to a person only when the person is being interrogated and is in custody (not free to walk away).

Can a police officer stop you for no reason?

In many states, a police officer can stop you in public and require that you provide identification, even if there is no reason to suspect you of criminal activity. In all states, drivers who are stopped for driving infractions must furnish identification when requested. No “Miranda” needed.

How do you invoke Miranda rights?

In other words, without being warned by the police or advised by a lawyer, and without even the benefit of the familiar Miranda warnings (which might trigger an "I want to invoke my right to be silent!"), the interviewee must apparently say words to the effect of, "I invoke my privilege against self-incrimination."

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.

When should the Miranda rights be invoked?

There's no time limit for invoking Miranda rights. After receiving a Miranda warning, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning.

What does post Miranda mean?

SELECTIVE SILENCE. For the purposes of this note post-Miranda “selective silence” refers primarily to a defendant's refusal to answer some, but not all, of a police officer's or investigator's questions during an interrogation in which the defendant initially waived his right to silence.

What are the 5 Miranda rights?

Know Your Rights: What Are Miranda Rights?Who Is Ernesto Miranda? ... You Have the Right to Remain Silent. ... Anything You Say can Be Used Against You in a Court of Law. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You. ... Arrest Without the Reading of Miranda Rights.More items...•

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.

What does 4th amendment prohibit?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

What Does 5th Amendment say?

The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...

What is the 6th Amendment in simple terms?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Do police have to tell you why you are being detained?

An officer who wants to ask you questions other than your name and address must advise you that you have a right not to answer the questions. 2. You have the right to be told why you are being arrested and the nature of the charges against you (the crime for which you are being arrested).

What happens if you say you don't understand your rights?

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.

What happens if you don't get Mirandized?

If the police question you after you are taken into custody and arrested, but you were not Mirandized, your answers are not admissible evidence and should not be used at trial. No matter how damaging your statements, without being told your rights, your attorney should ask the judge to exclude what you said.

What is the safest approach to ask police questions?

The safest approach when the police want to ask you questions—regardless of the context—is simple, polite, and firm. My clients know that if the police want to talk to them, they respond: “I would love to help you, officer, but my lawyer says that I am not allowed. His name is Daniel Bardo. You should call him.”

Why is it important to have an experienced lawyer?

An experienced lawyer will help you make the most important decision during a police investigation.

What are the rules when speaking to police?

General Rules When Speaking with Police Officers. Here are some general rules and factors to consider before or when speaking to police officers. (Also know that being respectful and staying calm can go a long way. The less uneventful your interaction is, the better.) Understand consent.

What to do if you have questions about police?

If you have questions regarding your rights when speaking to the police, contact a criminal defense attorney. An attorney can help you understand your rights, how to best protect them, and if needed, argue to suppress (exclude) any evidence obtained in violation of your rights.

What is the job of a police officer?

The police officer's job—besides protecting and serving the public—is to make arrests. In fact, some police officers are tasked with "arrest goals" or "arrest quotas" that they are expected to achieve each week. When a police officer stops you on the street, in your car, or even knocks on your door at home, chances are good ...

Can a police officer frisk a suspect?

A police officer who believes you have committed a traffic offense can arrest you and, under some circumstances, frisk your passengers for suspected weapons. For example, if you've committed a routine traffic offense such as running a red light, a police officer can order the occupants out of the car, and if the officer has a "reasonable belief" that someone in the car is carrying a weapon, the officer can conduct a short "frisk" or "pat-down" of the suspect.

Do you have to consent to a police search?

If a police officer comes to your residence and wants to question you, you don't have to let the officer in or answer any questions. You don't have to consent to any searches unless the officer has a search warrant or can justify the search on an emergency basis, as explained below. Plain view.

Can you withdraw your consent to a police search?

If you do agree to answer a police officer's question or submit to search, keep two things in mind: you can always withdraw your consent if you don't want to continue, and there is no "off the record" when you provide information to the police. The police also don't have to inform you that your consent is optional. Providing I.D.

Can a police officer ask you questions without reciting your Miranda rights?

No "Miranda" needed. If a police officer has not taken you into custody or prevented you from leaving, the officer can ask you questions without reciting your Miranda rights. The information you provide can be used against you. Miranda rights must be read to a person only when the person is being interrogated and is in custody (not free to walk away).

Can you be silent when arrested?

You always have the right to remain silent, and in most cases, that silence can't be used against you. But exercising that right might look different depending on if you're stopped on the street or if you're arrested.

Is it invalid to tell a cop I did it?

Just because you told a cop "I did it," doesn't mean that's the end of the story . The police have to follow certain procedures when obtaining a confession, otherwise it's invalid.