when i ask for my lawyer can a cop continue to question me

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 happens if you ask for a lawyer?

If you ask for a lawyer, they must stop questioning you. You may be in the interrogation room for a while. But they are not waiting for you to waive your rights. They are deciding what to do. Maybe waiting for another person to show to corroborate what you have already told them.

What is the right of Habeas Corpus?

The right of Habeas corpus means you may not be held indefinitely. At a predetermined time, you must be brought before a judge for a hearing. The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning.

Do police have to stop questioning you?

At that point, the police must actually stop questioning you until your attorney is there. If they try to carry on the interrogation after you say you want to remain silent until you have an attorney, anything else is likely to get thrown out. But there are exceptions to that, so don’t rely on that.

Can a lawyer be present during interrogation?

You cannot keep your Lawyer present during your interrogation. Interrogation is always with you only.

What is the Miranda warning?

The Miranda Warning which police are required to give anyone when they are arrested reminds everyone they have the right to remain silent. No less a jurist than US Supreme Court Justice and Nuremberg War Crimes Tribunal prosecutor Robert Jackson said “never talk to the police” or words to that effect.

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 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.

What can a criminal defense attorney do?

In a situation like those listed above, a criminal defense attorney can step in to prevent charges from ever being filed. At the very least, an attorney can prevent a suspect from saying something incriminating in front of police.

What is temporary detention?

A temporary detention takes place when police have “reasonable suspicion” to believe an offense has been committed and the person being questioned was involved. Even common behaviors can be grounds for reasonable suspicion.

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.

What happens if you can't afford an attorney?

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.”. You can request an attorney. If you do, at the point the interview is over and if you are in custody, you will be taken to jail.

Do juveniles have to have an attorney?

And, if you are a juvenile, and your parents are smart, they will also insist that you have an attorney present. If they don't, t. Continue Reading. Yes! Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning.

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.

What rights do you have in custody?

If you are in custody, remember your 5th Amendment rights. “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.

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.

What happens to a suspect's right to counsel?

A suspect's assertion of the right to counsel ceases to apply if there is a break in incarceration. The assertion of the right doesn't carry over to the next detention. For example, assume Glen invokes his right to counsel and is released from custody.

What happens when a detainee invokes the right to counsel for only a limited purpose?

If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose. For example, suppose that, after being Mirandized, Becky doesn't claim her Miranda rights and answers questions. The interrogating officer asks her to sign a written statement, but she says that she wants counsel to read it over first.

Can Miranda be admissible?

A defendant's statements after asserting Miranda may also be admissible if he or she initiates the conversation. But that's only if the police give a fresh set Miranda of warnings once the discussion picks up. For example, assume officers take John into custody and give him the Miranda warnings.

Can you invoke Miranda rights after being a detainee?

There's no time limit for invoking Miranda rights. After receiving the warnings, a detainee may invoke the rights immediately or after answering some questions. Whenever that invocation occurs, the police must stop investigative questioning. But any statements preceding assertion of Miranda rights are likely to be admissible.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Once someone detained by the police invokes Miranda by expressing a desire to remain silent, have counsel present, or both, the police must stop interrogation.