when can someone ask for a lawyer when it comes to identification procedures

If a court, during a preliminary hearing or another pre-trial proceeding, denies the request for a lineup the defense attorney can ask the trial a judge to instruct a jury to view the “in court identification” with caution if the prosecution fails to present any out of court identification evidence at trial.

Full Answer

Can a police officer ask me for my ID?

A police officer can always ask you for your ID or any other question virtually at any time as long as he has a legal right to be where he is. However, you are not required to answer an officer's questions.

Can a suspect ask to speak to a lawyer?

Once a suspect asks to speak to a lawyer that is an unequivocal invocation of their 5th and 6th Amendment rights. And it must be respected.

What rights do I have when asking for a lawyer?

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.

Should I ask the police for an attorney during an interrogation?

And it must be respected. If you are arrested, ask for an attorney, and the police ignore your request and keep interrogating you, can that situation be leveraged, or should you keep asking for an attorney and refuse to say anything else (assume the conversation is recorded)? Under Miranda v.

What are the procedures of identification?

Identification Procedure – Any procedure that includes the suspect and tests the witness's memory of a person involved with the crime, including a show-up, photomontage, lineup, mug-book search, and the production of a composite sketch.

Which of the following factors does the court consider when determining whether a suspect identification is reliable?

Second, to assess whether an identification is reliable, judges were instructed to examine the following five factors: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level ...

How specifically can courts decide which identification procedures are unfair?

Unfairness will be found only when, in the light of all the circumstances, the identification procedure was so suggestive as to give rise to a real and substantial likelihood of irreparable misidentification.

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...•

What are the six factors considered by the court when determining the fairness of eyewitness identification?

The “reliability” factors ask that the judge examine: (1) the eyewitness's opportunity to view the defendant at the time of the crime; (2) the eyewitness's degree of attention; (3) the accuracy of the description that the eyewitness gave of the criminal; (4) the eyewitness's level of certainty at the time of the ...

What must a court consider when determining whether a show-up is unduly suggestive?

To determine whether any identification is unduly suggestive and therefore inadmissible at trial, courts analyze seven factors, including the opportunity the witness had to view the suspect, the degree of attention the witness paid to the suspect, the accuracy of the witness's description before viewing the suspect or ...

What are the three basic types of identification procedures?

The three basic types of identification procedures are: Lineup, show-up, and photographic array. When is an accused entitled to counsel at an identification procedure? An accused in entitled to counsel at a post-indictment lineup that is conducted for identification purposes - a critical stage of a criminal proceeding.

When identification procedures violate constitutional provisions the results of such procedures Cannot be considered?

When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: Accurate.

What are some of the factors that might influence an individual's identification?

Factors Leading to Mistaken IdentificationStress. ... Presence of a weapon. ... Confidence level. ... Cross-racial identification. ... Pressure to choose. ... Influence after the fact. ... Transference. ... Multiple perpetrators.More items...

What triggers Miranda warnings?

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.

In which of the following situations are Miranda warnings not required?

In general, Miranda warning are not required is roadside questioning pursuant to a routine traffic stop.

Can you be handcuffed without being read your rights?

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.

How to contact a Boston criminal defense attorney?

You can reach us by calling 617-492-0055 or by submitting our online contact form.

Can a Boston criminal defense attorney challenge a witness's identification?

Are the criminal charges against you based, even in part, on a witness having identified you as the person who committed the crime? If so, an experienced Boston criminal defense attorney will review the identification procedure used by the police and, if possible , challenge the identification on constitutional grounds.

What is it called when you are asked to identify a suspect?

Behind the glass in a darkened room -- unseen to the people assembled in a line -- the victim or an eyewitness is asked to identify the perpetrator. This is called a police lineup, and it's one of several methods for identifying a criminal suspect.

What to do if you are facing a criminal charge?

Talk to an Attorney. If you're facing criminal accusations, you may soon be involved in the criminal justice process and could be facing a police lineup or interrogation. Don't just rely on the authorities to get it right because mistakes can be made even when the police have the best intentions.

Why are police lineups important?

Police lineups are considered to be a "critical stage" in the criminal justice process, as they help narrow down suspects. If you're involved in a criminal investigation, you may want to get a handle on how the law regards police lineups and other criminal identification methods.

Do police officers know the suspect?

The police officer conducting the identification procedure may know the suspect and, intentionally or unintentionally, signal this knowledge to the witness; Police may present photos or a lineup one-by-one instead of side-by-side, making it difficult for a witness to make comparisons and distinctions; and.

Can a prosecution admit to evidence in court?

Police Lineups, Other Identification Methods, and Legal Counsel. The prosecution may not admit into evidence in-court identification of defendants based on out-of-court lineups or show-ups if they were obtained without the presence of defendant's counsel. Courts have found that a defendant's counsel is necessary at a lineup because these lineups ...

Can police determine witness confidence level?

Police may not have a method for determining the witness' confidence level in their identification. It's precisely concerns over such reliability problems, and their consequences, which created the need for defense counsel in some situations involving witness identifications.

Can an eyewitness be mistaken?

Eyewitness testimony can be a powerful form of evidence at a trial, but there are many situations where even the most confident eyewitness can mistake the identity of the accused. After all, while observing a crime, an eyewitness often has a very short period of time to observe what's happening, let alone remember specific details of the offender's appearance. In fact, where a weapon is involved, eyewitnesses tend to focus more on the weapon than on the person holding it.

What happens if you speak without being questioned?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

Can the police question you if you ask for an attorney?

Can the police question me once I ask for an attorney? Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.

Can you be arrested for a crime without being questioned?

Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.

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.

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.

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 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.

Is it a crime to represent yourself as an attorney?

Continue Reading. In every state of which I am aware, it is a criminal offense for a person to represent themselves as an attorney unless they are actually admitted to the bar. In many cases, the offense is complete if you just offer legal advice, although the bar is set higher there.

Why is it important to have a lawyer present during a physical lineup?

One reason why it is important for a lawyer to be present during a physical lineup is to prevent bias or improper procedures. A lawyer can put someone in the vicinity who has the suspect’s legal interests in mind. The lawyer can help ensure that the suspect’s rights are not violated during this process.

What happens if a law enforcement officer pressures a witness to identify a particular person in the lineup?

If a law enforcement officer pressures a witness to identify a particular person in the lineup, the suspect’s rights may have been violated. In assessing whether the lineup was unnecessarily suggestive, the court considers the circumstances leading up to the eyewitness identification.

How to perform a police lineup?

One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup. This process usually involves having the suspect and four or five other people line up against a wall. Another common way to conduct a police lineup is to present the eyewitness with a series of pictures. Photo lineups typically include six ...

What rights do criminal suspects have in relation to police lineups?

Another right that criminal suspects have in relation to police lineups is freedom from a substantial likelihood of misidentification. A substantial likelihood of misidentification can occur when all of the fillers look much different than the description provided by the witness, such as being a different race.

What is it called when police take a victim to a location to see the suspect?

Showups. In some instances, law enforcement officers will take a victim or eyewitness to a location to see the suspect. This process is known as a showup. Some courts have suppressed identifications that derive from such origins due to the inherent suggestiveness of them.

Why are jury instructions important?

Jury instructions are important because they are the last thing that a jury hears before deliberating. Provided by HG.org. Read more on this legal issue.

Does a suspect have the right to an attorney?

If a suspect is in a physical lineup, he or she has the right to an attorney. A criminal suspect’s right to an attorney does not begin at trial. Instead, the right arises during every critical stage, including in-person lineups. However, a person’s right to an attorney is not triggered at a photo array.

Why do police need to ask for ID?

You are required to give your ID if the officer has reasonable suspicion that you are committing a crime or have just committed a crime. The crime does not have to be serious. Jaywalking, for example, would be enough of a reason for the officer to ask for your ID.

Is there a paper please law in Arizona?

There was a famous supreme court case in which this issue was resolved as "no." But with the new Arizona "papers please" law, I wonder if that's still the law.

Can police demand identification if there is no probable cause?

A difficult question, if there is no probable cause the police have no right to demand identification, but if they do they can. Reality is that in court the police have more experience than you and know the magic words.

Does California require ID?

Brian K Wanerman (Unclaimed Profile) In general, the law in California requires individuals to carry identification at all times. The law does not specify what kind of ID must be carried. In general, a peace officer has the right to ask you for ID and you have an obligation to provide it if asked.

Do you have to talk to the police?

You do not have to talk to the police. In fact, you can turn and walk away, but that may make him mad and he may arrest you for something. You should show him your ID and then refuse to answer any questions. Ask that the questioning stop and that you be provided a lawyer. Be polite and do not run away or resist arrest, that is a crime.

Can police ask for ID?

A police officer can always ask you for your ID or any other question virtually at any time as long as he has a legal right to be where he is. However, you are not required to answer an officer's questions. If pulled over, you may have to supply an officer with your ID and proof of insurance and vehicle registration, but that's about it. Be wary of police asking you questions, especially in public because Miranda warnings probably will not apply as you are not in police custody. When in doubt, don't talk to the police.

What to do if a police officer asks you questions?

If you feel the police officer is asking you questions which may incriminate you, demand to speak to your lawyer. Never say you’re innocent, never defend yourself. Simply remain silent and let your lawyer do his job. Remember, never argue with a police officer, never talk back.

What is a person guilty of failure to disclose identity?

A person is guilty of failure to disclose identity if during the period of time that the person is lawfully subjected to a stop as described in Section 77-7-15: a peace officer demands that the person disclose the person’s name;

What to do when stopped by police?

The police officer may ask your name, your address, and “an explanation of your actions”, probably what you’re doing when and where you were stopped. Even if you are innocent, cooperate with the police officer and answer his questions. Do not, however, answer questions that will incriminate you. This is the protection you have under ...

What does the law say about stopping people in public?

It reads: “A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense and may demand his name, address and an explanation of his actions.”.

What are the laws that govern police stops?

Laws and Statutes that Interplay During a Police Stop. First, there’s the Fourth Amendment of the Constitution which protects your right against warrantless search and seizures and upholds your right to privacy. “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, ...

Why is it important to know your rights?

Remember, knowing and asserting your rights helps keep the balance in the criminal justice system and in a democracy. More importantly, remember to call for a criminal defense lawyer to help you navigate the law and assure your utmost protection.

Can you pull over a cop?

Yes. Being asked to pull over may be threatening or frightening even if you are innocent, but stay calm and just politely ask the police officer how you may help, the same way you asked the police officer who stopped you on the street.

Police Lineups, Other Identification Methods, and Legal Counsel

• The prosecution may not admit into evidence in-court identification of defendants based on out-of-court lineups or show-ups if they were obtained without the presence of defendant's counsel. Courts have found that a defendant's counsel is necessary at a lineup because these lineups provide the potential for both intentional and unintentional errors...

See more on findlaw.com

Police Lineups and The Problem of Misidentification

Have Questions About Police Lineups? Talk to An Attorney