when you request a lawyer do all questions have to stop

Why do lawyers ask the same questions over and over?

Therefore, your attorney may ask you essentially the same question several times in an attempt to get every little detail out of you because that missing detail could cripple your defense in the middle of a trial.Oct 10, 2017

What happens when someone asks for a lawyer?

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.

When a suspect has been taken into custody and has requested an attorney all questioning must cease until?

The U.S. Supreme Court considered facts much like these in a case called Davis v. 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.

Can I just ask a lawyer a question?

Ask a Lawyer allows you to get free answers from lawyers in your area for basic legal questions on a variety of topics, including family law, employment law, criminal law, and more.

What is the Sixth Amendment right to counsel?

The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.

Do I have to talk to the police if they call me?

Remember, you are never obligated to talk to the police. But they may keep calling if they want to question you, for whatever reason. They can come to your home, or your work and the continuous requests and contacts they make can be quite threatening and intimidating.Jul 21, 2014

What is the Edwards rule?

Location: Maryland. In Edwards v. Arizona, 451 U.S. 477 (1981), the Supreme Court held that statements made to police during an interrogation following a request for counsel are presumed invalid. The so-called Edwards rule was designed to protect the safeguards afforded by Miranda v.Feb 15, 2012

What three protections does the 5th Amendment guarantee?

Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all ...

What are the 5 Miranda rights?

What Are Your Miranda 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 an attorney.If you cannot afford an attorney, one will be appointed for you.Aug 12, 2020

How do you ask for a legal opinion?

2 Answers the problem is deed of family settlement has not been stamped and registered . such a document would be in admissible in evidence . it is better to obtain deed of relinquishment from your 2 aunts. it should be duly stamped and registered.

What is lawyer JustAnswer?

How To Request a JustAnswer Refund in Just Two Minutes. JustAnswer is a website where you can—you've guessed it—get answers. Their 12,000+ experts include lawyers, mechanics, IT specialists, vets, and other professionals. They are available to you 24/7 via chat or email.

How can I get a legal question answered for free?

ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. It's EASY. Legal questions are submitted online – all you need is an internet connection. It's CONVENIENT.

Do I Have a Right to an Attorney During Police Questioning?

Whether or not you have been arrested, if the police want to interview you, you have the right to contact an attorney. Many people are tempted to cooperate with the police because they think it will help them. They think they can talk their way out of trouble. This rarely works.

Pre-Arrest Interviews

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.

Post-Arrest Questioning

If you are arrested for a crime and booked into jail, then the police must inform you of your Miranda rights before they can question you.

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:

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.

What are some alternatives to court?

Alternative resolution measures, such as mediation, dispute resolution, and binding arbitration, are useful alternatives to the courtroom. In fact, they can be every bit as effective as heading to court if applied by a skillful legal team. Great lawyers know this and will be more than happy to help you find the best option for your needs.

Can a lawyer fly solo?

Some lawyers prefer to “fly solo,” while others work backed by paralegals and other lawyers in a law firm. There are distinct advantages and disadvantages to each scenario: a law firm can often handle issues faster, while a solo lawyer may be more aptly suited to complex cases that require a high degree of expertise.

Can a lawyer practice law in California?

You shouldn’t assume that a lawyer is legally allowed to practice law even if they have an office and seem to have a good reputation. The California Bar can suspend licenses for everything from forgetting to pay yearly fees to criminal activity, fraud, accusations of sexual assault, or even just multiple complaints from past clients.

Is it enough to practice law?

Just having experience practicing law isn’t always enough. If your case is unique or touches on a specific area of law, like business litigation or child custody, you want someone who can demonstrate their own experience in those specific areas of law.

Who has the final say on the Constitution?

The Supreme Court has the final say on the federal Constitution, but states may read their own constitutions to provide defendants more rights. That means that the law can vary somewhat depending on where your case is. Differences in the law make for one of many reasons to talk to a knowledgeable criminal defense attorney if you've been arrested.

What happens if a suspect waives Miranda rights?

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. (A suspect can also invoke the right to remain silent—see Is post-arrest silence enough to stop police questioning?) But the Court also said that, after a suspect waives the Miranda rights, officers may continue asking questions until the suspect makes a clear request for a lawyer.

What is the job of a lawyer?

The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.

What is a grand jury subpoena?

A grand jury subpoena is a written order for you to go to court and testify about information you may have. If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officer’s questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting ...

Do you have to give your name to police?

Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions.

What rights do arrestees have?

An arrestee has the right to remain silent; If they choose to say something, then that statement can be used against them in court; They have a right to have a lawyer and that right extends to having a lawyer present during questioning; and. If they cannot afford a lawyer, the state will appoint one for them.

Which amendment protects you from being a witness against yourself?

According to the Fifth Amendment to the U.S. Constitution, “no person shall be compelled to be a witness against himself in any criminal case.”. In other words, the Fifth Amendment protects U.S. citizens from self-incrimination. As such, it gives you the right to refuse to answer questions that a police officer asks you.

What are the Miranda warnings?

Similar to what is presented in popular entertainment, Miranda warnings generally include some version of the following statements: 1 An arrestee has the right to remain silent; 2 If they choose to say something, then that statement can be used against them in court; 3 They have a right to have a lawyer and that right extends to having a lawyer present during questioning; and 4 If they cannot afford a lawyer, the state will appoint one for them.

When is a Miranda warning required?

It is important to note that Miranda warnings are only required when a person is in custody or is being interrogated. The term custody, however, does not necessarily mean that the person is under arrest, but rather that the person is in a situation where they believe that they are not free to leave.

Can you be arrested for refusing to answer a question?

Apart from these two exceptions, you also normally cannot be arrested or punished for refusing to answer their questions. Therefore, if you find yourself in a situation where you are being questioned by law enforcement, such as while in detainment or after an arrest, then you should contact a lawyer immediately before agreeing to respond.

Do you have to be silent when being questioned by police?

As discussed above, U.S. citizens have a constitutional right to remain silent when they are being questioned by law enforcement officers. This includes even if a person is under arrest. In fact, it is generally recommended that the person has a lawyer present while responding to police inquiries after an arrest.

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.

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.

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.

What to do if someone won't leave you alone?

If the person won't leave you alone after you send your letter, you can send a second one repeating your first request and adding that you demand him or her to stop harassing you. After that, a call to the police and/or a civil harassment suit and request for a restraining order might be advisable.

What is a cease and desist letter?

A cease and desist letter from an attorney can often work to get the harasser to take you seriously. The letter should lay out the legal options if the harassment doesn't stop, including a restraining order. Report Abuse. Report Abuse.

Can you send a letter to a person who no longer contacts you?

You are certainly free to send a letter requesting that the person no longer contact you. You might put in the letter that you would consider any further contact to be harassment and will seek criminal charges or a restraining order for harassment. If contact continues, you should see a magistrate about obtaining a restraining order.

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...

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The Constitution Protects Your Right to An Attorney

Do The Police Want to Question You?