why do cops ask if you're 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.

Full Answer

What does “I want a lawyer mean when being questioned by police?

When you're being questioned by police and say "I want a lawyer", are you saying you want to speak to your own lawyer, or any lawyer? Doesn’t matter. At that point, all questioning should stop. The cops will often say something irrelevant, but true, like “there isn’t one here right now.

Do lawyers have to declare that they are cops?

They are not required to declare that they are cops in any way, and it's a myth that if you ask a cop if s/he is a cop that s/he must tell you or it's entrapment. In addition, lawyers are not allowed to counsel on how to break the law and not get caught.

Do police officers have to tell you why they’re questioning you?

In fact, if they haven’t already warned you as such, they will…when they arrest you. Until then, they have no obligation to warn you of your right to remain silent and your right to an attorney. Police officers are under no obligation to tell you why they’re questioning you. Nor do they have an obligation to tell you they suspect you of something.

Should I ask for an attorney if I am arrested?

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. Arizona, 384 U.S. 436, police

Should you ever answer questions without a lawyer?

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.

Why do people ask for lawyers?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

Does getting a lawyer make you look guilty?

Hiring a lawyer does not make you look guilty; it makes you look serious about your innocence, reputation, and future. You cannot be arrested or convicted for looking guilty. You can be charged and convicted if there is sufficient evidence against you.

What happens when a detective wants to speak with you?

During an investigation, the detective may also have someone you know, such as a parent, sibling, or spouse, call you. The intent is to get you to admit to the crime. These calls are recorded and may become evidence against you. They may have someone you know wear a wire and try to obtain a confession.

Is Kim Kardashian a lawyer?

While Kim Kardashian has yet to officially become a lawyer, the reality star passed the baby bar exam in December of 2021. After taking to Instagram to make the announcement, Kim revealed she had failed the baby bar multiple times before finally passing.

Are lawyers intimidating?

Lawyers may appear more intimidating to others, just because of all the intense years of schooling and the somewhat prestigious reputation being an attorney at law holds. This may be impressive to your grandma, but for a prospective date, it can be rather terrifying. Accessibility is key.

Has anyone ever represented themselves in court and win?

people who represented themselves in court Bundy, a former law student, represented himself while on trial for the murder of two college students and assaulting others in 1979. He grilled some of his surviving victims – sorority sisters of the two women murdered -- in the courtroom, but was ultimately convicted.

Do clients tell lawyers the truth?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

How can I defend myself in court without a lawyer?

If you are representing yourself in court, the following steps will help you prepare.1) Know where your courtroom is located. Once you receive your court date, take a trip and find your courtroom. ... 2) Present yourself as a business person at your hearing. ... 3) Prepare the evidence you will use in your case.

How long can you be under investigation?

If an individual is released on pre-charge bail, the police have an initial time limit of 28 days to continue their investigation. However, this can be extended to three months by a senior police officer.

How long can police detain you without charge?

How long can the police detain you without pressing charges? The police can detain you for questioning for up to 48 hours without pressing any charges. Some circumstances can allow the police to detain you for a longer period of time. These may include weekends or legal holidays.

Do detectives leave voicemails?

Many people do not answer phone calls from phone numbers they do not recognize so the detective will usually leave a message requesting a call back. If you receive such a voicemail, you should contact an attorney right away.

What happens if an attorney has not yet had time to confer with their client?

If the attorney has not yet had time to confer with their client and learn the truth, how things went down, etc to work on strategy then silence is golden. Sometimes after speaking with the client they decide that certain statements are necessary.

Why don't attorneys burst in?

Another reason attorneys don’t burst in is that the very moment a potential criminal asks for an attorney then questioning stops immediately. There is no reason for an attorney to burst up in there when their client is sitting there often alone. If they invoke their right to silence or ask for an attorney’s counsel then any questioning conducted from then on is garbage and an officer will be flushing the case down the toilet to continue.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

What happens if you refuse to sign an affidavit?

In many states in the US, you will be required to sign a statement affirming that you have been advised as to your rights. If you refuse, you will be advised again, either in front of witnesses, who will then sign an affidavit saying they witnessed it, or it will be on videotape.

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.

What does it mean when someone says anything you say can be used against you?

Also, anything you say that would tend to be exculpatory or lend to your innocence will neither be recorded or introduced in court on your behalf. So give them only the basic information needed to book you and is required for a bond and remain quiet.

How many ways do police get convictions?

The Police have a difficult job and you can forget what you see on television. There are three main ways they get a conviction.

Who heard minor violations?

Minor violations were heard by under-judges called Referees. When we had Court on a Felony case, only the defendant, his parent or guardian, and his attorney were allowed in the courtroom with the judge and D A. Witnesses were called in from an outer waiting room one at a time.

Do officers get intimidated by lawyers?

Very few experienced officers are intimidated by lawyers. Lawyers tend to be a lot of wind and not much substance. Antagonistic lawyers usually alienate officers that they could use for their client's benefit.

Do cops fear lawyers?

Simply put, no cops are not afraid of lawyers. is because cops go through extensive amounts of training & not just physical, but actual intellectual courses of the law, which depending on the officers position will include (but not limited to) county, district, state, and the country’s current enforced laws.

Do police officers know when they've stumbled across a lawyer?

And while mileage will likely vary on this, some police officers seem to intuitively know when they’ve stumbled across a lawyer. Most non-lawyers can’t resist becoming Chatty Cathy along the side of the road. Lawyers, at least those who aren’t hammered, tend to ration and guard their words.

Do police officers interact with attorneys?

So police deal with and interact with attorneys on an every day basis. Being an attorney or being in the presence of an attorney does not intimidate a policeman; however, it is unlikely the officer would engage in misconduct if he was aware that a person was an attorney or had an attorney present.

What to do if a police officer asks questions?

If a police officer approaches you and asks questions, ask them if you’re free to leave. If you’re free to leave, you’re not under arrest (yet), and you have no obligation to remain and answer questions. If you’re not free to leave, then you’re in custody, in which case, you shouldn’t be speaking or doing anything without consulting a lawyer.

What happens if you lie to a police officer?

There are big consequences associated with lying to a police officer, including being prosecuted for obstruction of justice, which is a felony. But police officers can lie to civilians and do so routinely. For example, undercover police officers don’t have to admit they’re police officers even if you ask. Police officers can lie to you about having evidence against you. They can even lie to you about why they’re questioning you. In fact, lying in order to solve a crime is an integral part of police training and procedure. On the other hand, here are the things you should never say to a police officer.

What to say when a police officer tells you something is off the record?

When a journalist promises what you’re saying will be off the record, you should feel confident you won’t be reading what you said in tomorrow’s newspaper. But when a police officer tells you what you’re saying is “off-the-record,” they’re lying. Everything’s on the record. Everything you say can and will be used against you. In fact, if they haven’t already warned you as such, they will…when they arrest you. Until then, they have no obligation to warn you of your right to remain silent and your right to an attorney.

What is the difference between an interview and an interrogation?

The goal of an interview is to obtain information . By contrast, an interrogation is an accusatory process, whose goal is eliciting a confession. Unless you’ve been arrested already, a police officer has no reason to tell you what sort of conversation you’re having, but you can assume you’re being interrogated if the conversation isn’t so much a series of questions and answers as a monologue by the police officer.

What is the job of a police officer?

The job of a police officer is to enforce the law —not to be your friend. However, police officers are trained to use friendliness to elicit information. By engaging you in friendly chit-chat, a police officer can ascertain information not only about you but also about your community.

What to do if police show up without a warrant?

If the police show up at your door without a warrant (either search or arrest), you don’ t have to invite them in. You don’t even have to talk to them, and you can ask them to leave. In fact, criminal lawyers advise that you don’t speak to them and ask them to leave.

Can police give you a drink of water?

The beverage they’re offering you may be a ruse. The police can’t make you submit to a DNA test without a warrant. But that doesn’t mean they can’t offer you a glass of water while you’re sitting in a hot, stuffy investigation room and then obtain your DNA from the cup you drank from after you toss it in the trash.

What happens if you answer why a cop pulls you over?

If people answer the question and suppose why officers pulled them over, their answers could be used against them in a court of law. For example, if someone were to say, “because I ran a red light,” the cop now has a stated confession from the accused. This kind of confession will not result in an automatic conviction, but it’s not good for the defendant’s case.

Why do police officers want to know where people are coming from?

Officers want to know where people are coming from so they can draw conclusions about their whereabouts. Suppose an officer has a hunch that someone is intoxicated, if the person says they are coming from brunch, a bar, or a club, you can now expect the cop to be on high alert.

What is the purpose of the traffic stop opening question?

Unfortunately, this classic traffic stop opening is a trick question that’s meant to catch drivers off guard before they have time to remember their fifth amendment rights.

What is the phone number for White Law?

Don’t wait another minute, pick up the phone and call White Law now! Call (517) 316-1195 for a free consultation for your criminal case.

Can cops search cars during traffic stops?

Many people believe cops can search cars during traffic stops, but that’s only semi-true. Cops can only search vehicles during traffic stops when they establish probable cause.

What's the first thing an officer will say when they pull you over?

From the moment you’re pulled over, an officer’s number one priority is to gather evidence and build a case against you. If you don’t think that’s true, keep reading to find out how answers to seemingly innocent questions will be used against you.

Can cops ask to search cars?

Unfortunately, cops can ask citizens if they can search their cars because, if a driver consents to the search, the officer established probable cause. Therefore, if a cop asks to search your things, respectfully decline your consent.

What happens if a cop finds your DNA?

If a policer officer tells you that they found your DNA at the scene of the crime, they may not necessarily be telling the truth—and that's perfectly within their rights. Time and time again this issue has come up in court cases—and every time it does, the judges ultimately side with the cops, noting that deliberate deception is fair game so long as it's not likely to produce a false confession.

Which amendment protects you against self-incrimination?

This is thanks to the Fifth Amendment of the U.S. Constitution, which, as Florida public defender Howard Finkelstein notes, "protects you against self-incrimination.". 13. The police aren't required to read you your rights if you aren't being detained. Shutterstock.

Can police burst into your home?

Regardless of what you might see on TV, police officers can't actually burst into your home unless they either A. have a warrant or B. have received your express consent to do so. However, as Scharff Law Firm in Raleigh, North Carolina, points out, there are a few exceptions to this rule.

Do you have to identify yourself to police?

Regardless of which state you're in, keep in mind that you are never obligated to identify yourself to an officer if they have no reason to suspect you of committing a crime.

Can anything you say to an officer be held against you?

Remember that anything you say to an officer can and will be held against you in a court of law.

Can a sheriff ask for identification in Maryland?

In Alabama, for instance, the law states that a sheriff or any other officer of the law can "stop any person abroad in a public place whom he reasonably suspects is committing, has committed, or is about to commit a felony or other public offense and may demand of him his name, address, and an explanation of his actions." But over in Maryland, an officer can only ask for identification if they believe that a person "may be wearing, carrying, or transporting a handgun."

Can you film police officers?

You are legally allowed to film and photograph police officers. Shutterstock. The American Civil Liberties Union (ACLU) of Connecticut notes that as long as you are in an outdoor public space or on private property with the owner's permission, a police officer cannot command you not to photograph or film them. 8.

Why can a prostitute challenge Johns?

Prostitutes can safely challenge johns with the question "Are you a cop?" because law enforcement officers must answer truthfully.

Who was Dolores French' lawyer?

In 1986 prostitute Dolores French and her lawyer husband Michael Hauptman wrote a legal pamphlet they planned to distribute nationwide to call girls through COYOTE (Call Off Your Old Tired Ethics), a sex workers’ association, and AIDS test programs being conducted in several cities.

Can a working girl be arrestproof?

It has long been accepted lore that a working girl could render herself arrestproof by asking a prospective john if he were a policeman before anyone’s clothes came off. This belief in protection rested on the notion that even if the client did turn out to be a cop, his not being truthful about it would get the arrest thrown on the grounds of entrapment.