why do police charge you if you ask for a lawyer

Because they want to prove they are innocent. They want to be cooperative and tell the police they are innocent….because they are innocent. Always be respectful to law enforcement, but DO NOT try to prove you are innocent. Do not talk to the police. 2. Because they think that if they ask for a lawyer, the police will think they are guilty.

Full Answer

Should I tell the police if I have a lawyer?

If you ask, the police must allow you to contact a lawyer. You must be allowed to talk to the lawyer in private. The exception is if you have been pulled over while driving for a reason or for a roadside breath test. If you still do not understand your rights after talking to a lawyer you should clearly tell the police.

What to do if the police call you without a lawyer?

If they call you, don’t call them back. If you accidentally pick up the phone or answer the door, and the police are there just say firmly and calmly, “I Do Not Wish To Speak To You Without My Lawyer Present.” End of conversation. Hang up or close the door.

Do I need a lawyer if I’m being investigated?

Most people look to hire a lawyer after they have been arrested and charged with a crime. But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.

Why would a police officer threaten to kill you in court?

Most of the time, they are threatening you because they don’t have enough to charge you with, and that’s the easiest way for them to gather evidence. Don’t help them.

Should you always ask for a lawyer?

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.

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.

Does asking for a lawyer incriminate you?

Asking for a lawyer is the smartest decision you can make when you find yourself in this situation. By no means is it an admission of guilt and any law-abiding law enforcement office must respect your desire to exercise your constitutional rights. Surrendering those rights is the worst mistake you can make.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Why do police want to talk to you?

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.

What happens if you tell the truth?

Even if you are innocent and you tell the truth, you will always give the police some information that can be used to help convict you.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Is it a good idea to talk to law enforcement?

Hopefully, this gives you the basic idea of why it is never a good idea to talk to law enforcement. It is natural for people to want to prove they are innocent, but it backfires. While you should always be respectful, always ask for a lawyer. Always.

Is it smart to ask for a lawyer?

This is not true. It is ALWAYS smart to ask for a lawyer.

How to stop police from questioning you?

Just say, “I want to talk to a lawyer.” The police should stop questioning you as soon as you ask for a lawyer. You don't have to say anything else. If the police keep asking questions, don't say anything. Ask again to talk to a lawyer.

When do police stop questioning you?

The police must stop questioning you until you have talked to a lawyer in private.

What to do if you don't speak English?

If you do not speak or understand English, tell the police so that they can take steps to make sure that legal advice is given through an interpreter or a lawyer who speaks your language.

What are my rights if I'm arrested?

What are my rights if I’m detained or arrested? Next Steps. 1. Ask why you’re being detained or arrested 2. Do not resist being detained or arrested 3. Ask to talk to a lawyer 4. Remain silent 5. Let the police do their search. 3.

How long does it take to get back to duty counsel?

If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes.

Can you call someone who is not a lawyer?

You are allowed to call someone who is not a lawyer if the purpose of the phone call is to get help to find a lawyer. The rights related to talking to a lawyer are called the right to counsel. Always talk to a lawyer before you talk to the police.

Can you talk to a lawyer in private?

You must be allowed to talk to the lawyer in private. The exception is if you have been pulled over while driving for a. Highway Traffic Act. reason or for a roadside breath test. If you still do not understand your rights after talking to a lawyer you should clearly tell the police.

Why do police have to detain you?

The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.

Why do police arrest innocent people?

If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.

What to say when you are arrested?

So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.

What happens if you say "I won't say anything without my lawyer"?

The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.

What happens if you fail to do so?

Failure to do so will almost inevitably result in that evidence being suppressed at trial.

Can you ask for a lawyer?

The answer is simply, "No". 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. Or waiting for a transportation officer. If the case involves the possibility of someone being in danger, or a life in the balance, they may ask who your lawyer is so they can call them to come in and advise you. If you are a suspect, Law Enforcement must decide if they have enough probable cause to arrest you. If not then, at some point they must release you and continue the investigation. There are some variables, but they are not waiting for you to waive your rights.

Can police hold you if you are arrested?

NO!! But read on. The police only have a RIGHT to hold or talk to you if they have arrested you. Anything less and you have the right to walk away, shut the door or whatever you want to do the end the encounter (except assault to cop). If they arrest you, at that point you have the right (and in any defense lawyer’s opinion) obligation to SHUT UP!! and ask for a lawyer as loudly and as often as you can so everyone hears you!! Also in a Mere Encounter if the cop grabs you and physically attempt to stop you from leaving the encounter one of two things has taken place. Either they are making a la

Why is it important to have an experienced lawyer?

An experienced lawyer will help you make the most important decision during a police investigation.

What is the safest approach to ask police questions?

The safest approach when the police want to ask you questions—regardless of the context—is simple, polite, and firm. My clients know that if the police want to talk to them, they respond: “I would love to help you, officer, but my lawyer says that I am not allowed. His name is Daniel Bardo. You should call him.”

What happens if you are found guilty of a crime?

The prosecutor will want the court to put you in jail if you are found guilty.

How to respond to summons?

In both of these cases, you must respond to the Summons by appearing in court at the listed date and time. This is often referred to as your “first appearance” or “arraignment.” This is not a trial. If you do not yet have a lawyer, you have the right to:

What if I cannot make bail?

This is called your “first appearance” or “arraignment”. This is not a trial. This hearing may be by video conference from the jail. At this hearing, you can:

Can you go to jail for a criminal charge?

The officer issuing a summons can tell you if the charge is a crime or a civil violation. All criminal charges carry a possible jail sentence, but many less serious criminal charges do not actually result in jail time. You have a right to a free lawyer paid for by the state if:

What happens if you lie to the police after a trial?

Finally, if you are convicted after a trial and it is shown that you lied to the police by claiming you did not commit the charged crime, you could ultimately receive a harsher punishment from the judge.

What happens if a detective wants to arrest you?

If the detective wants to arrest you, then your attorney will schedule your surrender. If the detective wants to arrest you but does not have enough evidence to make an arrest, and your attorney speaks to him, you will not be arrested. If you go to the precinct, any statement you make WILL be used against you and you will be arrested.

What happens if you are innocent of a crime?

If you are innocent of the crime, the detective is investigating, and you deny your guilt while mostly telling the truth, you could easily unintentionally tell a small lie or make a small mistake that will be detrimental to your case. If you are an innocent person, questioning by a detective in a small room at a precinct can be a stressful situation where you are likely to be nervous and just blabber. Although this is human nature, it is important not to do it. Do not even put yourself in that situation.

What happens if you tell the truth?

If you are innocent and only tell the truth, it is likely that you will give the police some little tidbit of information that can eventually be used to convict you. This piece of information could be as minute as where you were on the day the crime took place.

Why do you not admit to facts the detective already knew?

Do not even admit to facts the detective already knew because you think there is no problem in confirming what he already knows. This can be problematic if the officer retires or moves away. The case would otherwise not be able to go forward, but the District Attorney would still have the confession you made to use against you. If you had not made a confession, the case would have been dismissed.

How to surrender to a detective?

Write down the detective’s phone number, call your attorney and have your attorney speak to the detective. Alternatively, give the detective your attorney’s phone number and have him call your attorney. If the detective wants to arrest you, then your attorney will schedule your surrender.

Why do police call you to the precinct?

You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect. He isn’t specific and doesn’t say whether or not he intends to arrest you. Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.