can police talk to someone who has an attorney

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... 0 found this answer helpful

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Can I refuse to talk to the police without a lawyer?

The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present. Although this is a well established principle dating back at least a quarter of a century, some officers and attorneys (and some judges) still …

Can I get an attorney if the police keep questioning me?

Mar 09, 2012 · 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... 0 found this answer helpful

Can a lawyer represent an accused in a police interview?

Yes - in the US, if you request a lawyer's presence during questioning, the police are required to stop their questioning until you have a "real" lawyer present (though they are not required to provide you with an attorney). Sending in a cop pretending to be a lawyer would be unconstitutionally deceptive/coercive, and any evidence they obtained from such questioning …

Do I have the right to speak to an attorney?

Apr 21, 2020 · The right to have a criminal defense attorney present during police questioning – Derived from either the Fifth Amendment’s right to be protected from giving incriminating testimony or the Sixth Amendment’s right to have an attorney for your defense. The right to have a defense attorney provided for free if you cannot afford one – Derived from the Sixth …

Can police question you after you ask for a lawyer?

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.

Can police use Miranda rights against you?

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...

Can you ask for a lawyer to read a police report?

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. If they read you your rights and then you asked for a lawyer and admitted that in the police report or recorded it, then you will be able to suppress those statements.

What to do if an officer stops you?

If an officer stops you and you do not know why, you should assume that the officer suspects you of committing a crime —whether that crime is speeding or murder—and is trying to get you to confess to the crime, and you should act accordingly. Ask if you are free to leave. If you are, then leave.

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.

Can you be cajoled into not accepting legal advice?

You cannot be cajoled into not accepting legal advice because 'it may take a while for the solicitor to get there'. If you take up the offer of a solicitor the custody officer contact a call centre that appoint a solicitor from the duty roster. They provide a reference number that is endorsed on your custody record.

Do police have to stop questioning you?

Further, any information he obtained from such a ruse would never be admitted into court. If you are being questioned by the police and you demand a lawyer, the only obligation of the police is that they have to stop questioning you. There is absolutely no obligation for them to find a lawyer for you.

Is it a crime to represent yourself as an attorney?

In every state of which I am aware, it is a criminal offense for a person to represent themselves as an attorney unless they are actually admitted to the bar. In many cases, the offense is complete if you just offer legal advice, although the bar is set higher there.

Can a cop play a lawyer?

This would also be a violation of the person's civil rights. However, the police are not required to contact a lawyer.

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.

How long can a police officer hold you without charge?

Continue Reading. There’s no set time. Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.

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.

Can you demand an attorney for a conviction?

A conviction can require you to reimburse the government for the cost of the attorney. Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be used in court against you.

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.

Can a lawyer keep you from getting evidence?

A lawyer can keep them from getting this evidence in many cases, even if you're guilty! So, yes, by all means, invoke your right to an attorney and, from that point forward, don't talk to them about the case, or about anything else for that matter! Tim Dees.

Do police have to read statements?

Police do not have to read them to you, but by not doing so, and giving a statement becomes a voluntary occurrence. If you demand a lawyer, they have to stop all questions. You have the right to remain silent. Anything you say can be used against you in court.

Can police interrogate suspects without their lawyer present?

Supreme Court rules police can initiate suspect's questioning. WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant’s lawyer being present.

Did Montejo's lawyer violate his constitutional right to counsel?

But Montejo later claimed the police had violated his constitutional right to counsel by interrogating him without his lawyer being present and pressuring him to write a letter confessing and apologizing to the victim’s wife. That letter was later introduced as evidence against him at his trial.

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 if 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.

What does it mean to honor the right to remain silent?

What it means to "honor" the right to remain silent after a suspect invokes it isn't always entirely clear. Courts consider the circumstances of renewed questioning, including the passage of time, whether the police gave fresh Miranda warnings, and whether they asked questions about a different crime. For example, suppose the police arrest George ...

What happens if Glen invokes his right to counsel while captive in jail?

If Glen invokes his right to counsel while captive in jail and officers return several hours later and begin questioning him again, while he is still in jail, then they have violated Miranda. However, suppose Glen has been serving time in prison when officers first approach him.

Can Miranda rights be invoked?

Any Time Now. 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.

Can police reinitiate questioning?

If the suspect invokes the latter, questioning must cease until counsel is available. But if the detainee invokes only the right to remain silent, the police may reinitiate questioning at a later time, provided that they honor the right to remain silent. What it means to "honor" the right to remain silent after a suspect invokes it isn't always ...

Can a prosecution use Miranda?

But this isn't necessarily the end of the story: Some circumstances allow the prosecution to use statements a suspect makes after having invoked Miranda. These circumstances constitute a waiver of Miranda rights. (Sometimes prosecutors can use even statements obtained in violation of Miranda .)

What does it mean when an accused speaks with the prosecutor?

This means the suspect hands over evidence that the prosecution did not have or possibly could not obtain.

What to do if accused of a crime?

If a person is accused of a crime, that person should contact an experienced criminal defense attorney for help. This is true no matter if the person is accused of: a misdemeanor, or. a felony. If a party is represented, and is then approached by the D.A., the suspect must inform the prosecutor of this representation.

What is the right to remain silent?

right to counsel. If a suspect expresses a desire to speak with a criminal defense attorney, public defender, or private attorney, the prosecutor must cease all communication with the accused or criminal defendant.

What does it mean to agree to something without knowing the true result?

agree to something without knowing the true result, agree to something without understanding the consequences, plead guilty to something that the prosecution cannot prove, ignore the fact that a police officer/police department violated his/her rights in their investigation/arrest.

Should I contact a defense attorney in California?

People accused of a crime in California should contact a defense attorney for help. This is true even if criminal charges have not been filed and a person is only a suspect. If a person is represented and is approached by a D.A., then that person must inform the prosecutor of the representation.

Can a prosecutor explain the consequences of a plea bargain?

But the deal may be nowhere close to being in his/her best interest. Here, though, the prosecutor has no duty to explain the true consequences of the bargain.

Can a prosecutor speak with an accused?

This is true in all states within the United States and applies no matter if the accused is suspected of a simple battery charge to a charge involving a violent crime. If unrepresented, a prosecutor can agree to speak with an accused.

Who said the police have a right to investigate and discuss cases with any adult party?

Joseph W Seifert. The police have a right to investigate and discuss the case with any adult party they feel necessary to get at the truth of the matter in order to determine if a crime has been committed. They can reveal whatever facts are necessary to that end.

Do police have a duty to talk to anyone?

If police are investigating a suspected crime they not only may talk to anyone they desire, they have a duty to do so. You, on the other hand, have a constitutional right to remain silent and not to make any statements whatsoever and I advise you to do that...

What to do if a police officer approaches you and 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.

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.

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.

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.