what to do if a detained person asks for a lawyer

What to do if you are arrested?

There are many things you can and should do once you have been arrested. These will help ensure that your legal rights are not violated. Some of the things you should do if arrested include: 1 Remain silent. You do not have to answer any questions the police ask you in connection with the arrest. Anything you say can potentially be used against you in court. 2 Be polite and behave respectfully towards the police officer (s). 3 Remain calm. 4 Contact your attorney or ask for one if you don’t have one yet. Don’t say anything until the attorney is present. 5 Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). 6 Make sure that your attorney is present for any questioning or discussions. 7 Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample. 8 Let your attorney deal with the police and prosecutors, especially if they offer you some kind of deal or plea bargain. 9 If you have been injured, take photographs of the injuries as soon as possible and seek medical attention. 10 Try to find and identify witnesses and get their contact information (name, phone number).

What should I do if I'm arrested by the police?

For example, you should generally remain calm and silent and get an attorney who can advise you of your rights and help you with complicated criminal laws and the legal system. There are also many things you shouldn’t do if you’ve been arrested.

How to be a good police officer?

Anything you say can potentially be used against you in court. Be polite and behave respectfully towards the police officer (s). Remain calm. Contact your attorney or ask for one if you don’t have one yet. Don’t say anything until the attorney is present.

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Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

What to do if you feel your rights have been violated?

If you feel that your rights have been violated in the process of an arrest, you may need to speak with an attorney. An attorney can help review what happened and can help determine whether your rights have been violated. In some cases, suing the police may be appropriate if your rights have been infringed upon.

Can police search your house without a warrant?

If the police arrest you outside of your home or place of residence, do not allow any officer to go into your home to get clothes, talk to your wife, etc. If you accept such a request, then the police may escort you into your home and begin to search it without a warrant. The same applies to your car.

What can a criminal defense lawyer do?

A qualified criminal defense lawyer in your area can inform you of your rights and defenses and represent you in court. The above do’s and don’ts are suggestions that can help ensure your rights are protected. An experienced criminal lawyer can help protect your legal rights as well.

What to do if you are arrested by the police?

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. If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.

How to prepare for a police 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.

Why can't a pilot fly a passenger?

A pilot may not, however, question you or refuse to allow you on a flight because of bias based on your religion, race, national origin, gender, ethnicity, or political beliefs.

What do you need to show when you are pulled over?

If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status. Customs officers can ask about your immigration status when entering or leaving the country.

How to protect yourself from police?

Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated . Keep your hands where police can see them. Don’t lie about your status or provide false documents.

Can an immigration agent search you?

If an immigration agent asks if they can search you, you have the right to say no . Agents do not have the right to search you or your belongings without your consent or probable cause. If you’re over 18, carry your papers with you at all times.

What to do if you are a non-citizen?

If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.

What do police do when you are arrested?

When you're being arrested, the police usually do their job in the following order: Tell you that you have the right to talk to a lawyer without delay. Search you for weapons. Complete their booking procedure. Make it possible for you to call a lawyer. If you ask, they must allow you to contact a lawyer.

How to get arrested for a crime?

When you're being arrested, the police usually do their job in the following order: 1 Tell you that you have the right to talk to a lawyer without delay 2 Search you for weapons 3 Complete their booking procedure 4 Make it possible for you to call a lawyer

What happens if you are arrested by the police?

If the police decide to arrest you, they will usually take you into . This means you are not free to go. People who are being arrested are usually handcuffed. If you're being arrested, the police believe there are. to you with a criminal offence.

Can police search you for weapons?

The police are allowed to search you for weapons and complete their booking procedure before you talk to your lawyer. If you've asked to talk to a lawyer, they are not supposed to keep questioning you until after you've talked to your lawyer. Next step: 1. Ask to talk to a lawyer.

What rights do you have in court?

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 have an attorney present during questioning. If you are unable to afford an attorney, one will be appointed for you.

What amendment gives you the right to an attorney?

Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.

Can you waive your right to an attorney?

Anything you say, can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. If you wish to waive your right to an attorney and answer questions, you may stop answering at any time.”.

What is the Miranda warning?

Part of the Miranda warnings is the provision that if you want to speak to a lawyer and you can’t afford one, one will be appointed for you at no expense. This is a determination for a court to make - not the police. Nick Scurvy. , Fought depression, social anxiety, etc. For years. Answered February 20, 2021.

Can you refuse to answer questions?

You can always refuse to answer questions, and you can always demand the assistance of counsel. However, doing so doesn’t mean that you will be immediately released, or that the police will conjure up a lawyer for you immediately. If you ask for the assistance of counsel, questioning will stop.

Charles Kevin Stoddard

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.

David Jon Pullman

It depends on what the context of you asking for a lawyer was. 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.

Vincent Ronald Ross

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.

Tai Christopher Bogan

Can the questions you answered be used against you? Maybe. It depends on the circumstances of your case. If you asked for a lawyer then certainly that is a factor pointing toward suppression. Miranda rulings are constantly in flux. Years ago if you asked for a lawyer it was game over for the cops.

Elliot Rahmim Zarabi

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...

Debra Sarah White

The police are not allowed to question you after you have asked for a lawyer.#N#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.

What to do if you are arrested?

If you are arrested or detained, you must be: told why you have been arrested or detained, and why the police are investigating you, told immediately that you have the right to a lawyer, told about Legal Aid and your right to free legal advice, and. allowed to speak, in private, to a lawyer of your choice , as soon as possible, if you ask to do so.

What to do if you are arrested by police?

If you have been arrested or detained, the police should give you the 24-hour, toll-free number to get free legal advice from duty counsel. This is a lawyer provided by Legal Aid Ontario. After you speak to a lawyer, the police may continue to ask you questions.

How to speak to a lawyer?

The police do not have to give you an opportunity to speak to a lawyer unless you say that you want to. And if you speak to a lawyer, the police can assume that you got the legal advice you needed. So if you did not understand what the lawyer told you or you are not satisfied with the advice you got, tell the police that you want to: 1 speak to the lawyer again, or 2 speak to another lawyer.

Do you have to say anything to police?

This applies if you are arrested or detained or if they suspect that you have committed a crime. The police should tell you that: you do not have to say anything, anything you say may be used as evidence against you, you have the right to speak to a lawyer, you have the right to contact your parents or guardian, and.

What happens when you are detained by police?

When you’re detained by police officers, it’s usually for “brief and cursory” questioning. After the questioning is over, you’ll most likely be released. Officers must have reasonable suspicion to detain a suspect, but this also usually means they don’t have probable cause to arrest you.

What happens if you are not arrested?

Think about the answers to the first two questions you asked. If you’re not being detained and you’re not being arrested, chances are you are free to go. The police cannot keep you without probable cause or reasonable suspicion.

Do you have to give consent to police?

In general, you shouldn’t give your consent to police officers. They need warrants to search you, your property, or your home. They also need an arrest warrant if they’ve come specifically to arrest you.

Do police know the law?

Remember: The police know the law well. You probably don’t. When it comes to filing class action lawsuits people have lack of knowledge about legal and right issues.

What does "detention" mean in police?

Investigatory stops (or "detentions") must be no longer than necessary and officers must investigate with the least intrusive means that are reasonably available. When an officer prolongs a detention beyond what is brief and cursory and broadens it, then the detention may turn into a de facto arrest—that is, an actual but not official arrest.

What is a detention?

Detentions and Arrests. An officer's "brief and cursory" holding and questioning someone is a detention. An example is a cop stopping someone who is behaving suspiciously in order to ask a few questions. The suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause.

What happens if a reasonable person in the suspect's shoes doesn't feel free to leave an encounter with

In general, if a reasonable person in the suspect's shoes wouldn't feel free to leave an encounter with the police, then there's been either a detention or an arrest. Determining which can be tough—and sometimes crucial. Suppose, for instance, that an officer has reasonable suspicion to detain someone, but not probable cause to arrest them.