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.
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.
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AnswerCan the police question me after I ask for a lawyer?
Thompkins, 560 U.S. 370 (2010) Police may continue to question you until you explicitly and unambiguously invoke your right to counsel. However, at that point, all questioning must cease until either the suspect’s attorney is present or unless the …
When do police have to stop questioning you?
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Can I refuse to talk to the police without a lawyer?
Dec 18, 2012 · I was told it wasn't neccessary as I wasn't under arrest and they continued questioning me. I was allowed to leave after that and was "officially arrested" a few weeks later. I just didn't know if they were allowed to continue questioning me, at the police station, after I requested a lawyer and no Miranda Rights were presented.
Do I have the right to an attorney during questioning?
May 19, 2021 · Only give them your name, address and date of birth. Let your attorney speak for you. By chadt | 2021-06-11T20:57:21+00:00 May 19, 2021 | General FAQ | Comments Off on Can the police continue question after I ask for a lawyer? Share This Story, Choose Your Platform! About the Author: chadt.
Can you ask for a lawyer during interrogation?
Your lawyer can speak to you privately, either on the phone or in person, at any time while you remain in police custody. You can also request to have a solicitor in the room with you while you are being questioned.
Do you have to answer police questions Texas?
If you are under arrest, you have a right to know why. You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.
How long can the police hold you for questioning in Texas?
When you are taken into custody, the police can legally hold you for up to 72 hours without filing charges.
What are your rights when the police are holding you and questioning you?
If the police are holding you (whether or not you're under arrest) and they want to question you, they first have to tell you these basic rights: You can keep quiet! – The police have to tell you that you don't have to answer any of their questions or say anything at all. You can just stay silent.
Can police force you to come in for questioning?
Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site.
Can police enter private property without permission Texas?
If law enforcement officers find the property described in the warrant, they are able to seize the items without the owner's permission. Locked items on the premises cannot be unlocked for purposes of a search without a specific warrant.
How long can the police hold you without charging you?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder.
How long can you be held in jail before seeing a judge in Texas?
Generally, you'll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.
How long do they have to indict you in Texas?
With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.Jul 29, 2021
Can you refuse to go in for questioning?
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.
Are you legally obliged to give your name to a police officer?
5. You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.
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 .
Do police interview after arrest?
Not all police interviews take place after an arrest. In many situations, the police become aware a crime has been committed and must investigate to identify potential suspects. The police may wish to question you about a crime if you were a witness or they believe you were involved.
What to do if the police call you?
If the police call you or show up at your door asking for an interview, politely tell them that you are happy to cooperate at a future date when you have spoken with a lawyer. Then, contact a criminal defense attorney. They can advise you on whether or not it is smart to speak with the police. If you agree to be questioned or are arrested, then you ...
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 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.
Pre-Arrest Interviews
Post-Arrest Questioning
- If you are arrested for a crime and booked into jail, then the police must inform you of your Mirandarights before they can question you. These rights include: 1. Remaining silent 2. Anything you say being used against you in court 3. Having an attorney 4. Having an attorney provided for you if you cannot afford one on your own After an arrest, whe...
The Constitution Protects Your 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: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informe…
Do The Police Want to Question You?
- If you have not been arrested but have been contacted by the police – or if you have been arrested for a crime – the best way to protect yourself is to call a criminal defense lawyer right away. You have the right to an attorney throughout a criminal investigation and case and should invoke this right as soon as you are able to. To talk with a criminal defense attorney, call The Law Offices o…
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