can the police contact a suspect who is represented by 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.

Full Answer

What is the Edward rule?

Perhaps the greatest significance of the Edwards Rule is that, once a suspect has unambiguously requested counsel, the suspect may no longer waive his right to counsel unless he initiates the conversation.

How does the 6th Amendment right to counsel protect individuals from interrogation by the police?

The Sixth Amendment right to counsel is offense-specific. Thus, generally, if a person has been indicted for one offense and is represented by counsel, the police may not question the defendant about that offense, but may initiate questioning of the defendant with regard to another, uncharged offense.

What are the exceptions to Miranda?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.

What does it mean to invoke your right to counsel?

Overview. 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.

What are two restrictions placed on police because of the 6th Amendment?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What is a violation of the 6th Amendment?

The Court rules that if the absence of the witness is not due to his or her death, and is in no way the fault of the defendants, then introduction of that witness's prior testimony violates the Sixth Amendment.

What happens if a cop doesn't read you your rights?

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect their Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

Under what circumstances can you question a suspect without the Miranda rule applying?

Statements made during a custodial interrogation without Miranda warnings can be used against a defendant if the questioning was necessary to secure officers' safety or the safety of the public.

What two circumstances must exist that trigger the Miranda requirement?

There are two very basic prerequisites before the police are require to issue a Miranda warning to a suspect: The suspect must be in police custody; and. The suspect must be under interrogation.

Why is the right to an attorney important?

The right to an attorney protects people from an unfair trial. The success of a person's trial largely depends on the ability of their attorney to provide an adequate defense. The Supreme Court of the United States affirmed that the right to counsel promises an effective lawyer.

What is my 5th amendment right?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

Can police force you to come in for questioning?

No, not unless the police are arresting you. If the police want to question you about a crime that you might be witness to or are suspected having a part in then, they must summon you to the police station in writing.

How do the Fifth and Sixth Amendments protect individuals during police interrogations?

How do the Fifth and Sixth Amendments protect individuals during police interrogations?. The Fifth Amendment guarantees the right not to incriminate oneself in a criminal case, while the Sixth Amendment guarantees the right to counsel in all criminal prosecutions.

What is the meaning of interrogation under the Sixth Amendment deliberately eliciting a response test?

The Sixth Amendment "Deliberately Eliciting a Response" test provides broader protection for interrogated suspects and more restrictions on interrogating officers. As soon as the government starts formal proceedings, the Sixth Amendment right to counsel kicks in. public safety exception.

What are the rights of the accused under custodial interrogation?

(a)Any person under investigation for the commission of an offense shall have the right to be informed of his rights to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one.

How does the Miranda case protect all people accused of a crime?

In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

Who can initiate contact with a suspect?

The 1986 decision held that once a defendant invoked the right to counsel, only the suspect, and not the police, can initiate the contact.

Which court rejected Montejo's appeal?

The Louisiana Supreme Court and then the U.S. Supreme Court rejected Montejo’s appeal.

Did Montejo have a lawyer?

He told several conflicting stories. Several days later, he appeared in court for a preliminary hearing and a local judge appointed a lawyer to represent Montejo, who could not afford an attorney.

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 is the law of contacts with represented persons?

For purposes of the rule on contacts with represented persons, the term "law" may include: 1) a specific statute; 2) a court order; or 3) case law. Several jurisdictions have established by case law a law enforcement investigatory exception to the contact rule in limited circumstances. Department attorneys should be aware under what circumstances ...

Who is required to authorize direct contact with a represented person?

Whose consent is necessary to authorize direct contact with a represented person. It is the lawyer 's consent, not the client's, that is required to authorize contact with a represented person. If an employee of a represented organization has retained his own individual lawyer, it is sufficient in most states to obtain the consent of that individual lawyer, notwithstanding the representation of the organization by its own counsel.

What should department attorneys be guided by?

Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct.

What is the ABA model rule of professional conduct?

Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "In representing a client , a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter , unless the lawyer has the consent of the other lawyer or is authorized by law to do so by law or a court order." (2002). Department attorneys should be aware that Comment 5 to Model Rule 4.2 provides that " [t]he fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule." Although the rule may vary from state to state, each state has adopted a rule of professional conduct that governs communications with represented persons. Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct. Nonetheless, as a general matter, it may be useful to review ABA Committee on Ethics and Professional Responsibility Formal Opinion 95-396, "Communications with Represented Persons" (July 24, 1995), and the Annotated Model Rules of Professional Conduct published by the ABA Center for Professional Responsibility.

What is a represented person?

The contacts rules vary from state to state in how they define a "represented person" when that "person" is an organizational entity . Some states prohibit communications only with those high-level employees who can bind the organization in the matter on which the organization is represented. Other states prohibit communications concerning the matter in representation with persons having managerial responsibility on behalf of the organization. Many states prohibit communications with any person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability. And a number of states preclude contact with a corporate employee or constituent whose statement may constitute an admission on the part of the organization. Many states' contacts rules do not prohibit contact with former employees of a represented organization; however, even when communicating with former employees is permissible, the discussion should not include attorney-client privileged information.

What is contact rule?

The contact rule only governs communications with represented persons about the subject matter for which they are represented.

When should department attorneys consider the following issues?

Department attorneys should consider the following issues when they analyze the relevant rule of professional conduct regarding communications with represented persons. Whether the Department attorney knows that a person (a defendant, a target, a subject or a witness) is represented by a lawyer. The contact rule only applies where ...

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.

Why did Burbine argue that the interrogation violated his Sixth Amendment right to counsel?

Next, Burbine argued that the interrogation violated his Sixth Amendment right to counsel because he had formed an attorney-client relationship that police failed to honor. The court also rejected this contention. Said the court, "The suggestion that the existence of an attorney-client relationship itself triggers the protections ...

Do you have to follow the instructions of an attorney?

That doesn't mean, however, that you have to follow the attorney's instruction. 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.

Does Miranda protect against police interrogation?

Although neither Miranda nor the Sixth Amendment right to counsel prohibits police interrogation of a willing suspect merely because his attorney has informed police his or her client is not to be questioned, some jurisdictions may have statutory rules restricting such contacts. Officers should consult local prosecutors or legal advisers to determine the existence and application of any such statutes.

Can a defendant waive the 6th amendment?

Said the court, "The defendant may waive the Sixth Amendment right, whether or not he is already represented by counsel; the decision to waive need not itself be counseled. And when a defendant is read his Miranda rights and agrees to waive those rights, that typically does the trick.". (Montejo v. Louisiana)

Can a suspect talk without an attorney?

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 experience uncertainty and nervousness about police interrogation of a represented suspect.

Can a suspect be approached by police?

In another case, the Supreme Court held that even after a suspect is arrested and has been arraigned and has counsel appointed, he can still be approached by police, in the absence of counsel and without any notice to counsel, to see if he is willing to discuss the case.

Can a criminal lawyer talk to a client?

A criminal suspect's lawyer is only doing his job when he calls you during your investigation or after his client's arrest and "instructs" you not to discuss the case with his client unless the lawyer is present. That doesn't mean, however, that you have to follow the attorney's instruction. The Constitution does not forbid you to talk ...

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

When does a lawyer have to terminate communication?

A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule . [9] In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who supervises, ...

What is RPC 219. Opinion?

Opinion rules that a lawyer may communicate with a custodian of public records, pursuant to the North Carolina Public Records Act, for the purpose of making a request to examine public records related to the representation although the custodian is an adverse party whose lawyer does not consent to the communication.

What is the purpose of the 2006 Ethics Opinion?

Opinion explores the extent to which a lawyer may communicate with employees or officials of a represented government entity. 2006 Formal Ethics Opinion 19. Opinion rules that the prohibition against communications with represented persons does not apply to a lawyer acting solely as a guardian ad litem.

Who can communicate directly with the pathologist?

RPC 184. Opinion rules that a lawyer for an opposing party may communicate directly with the pathologist who performed an autopsy on the plaintiff's decedent without the consent of the personal representative for the decedent's estate.

Can a lawyer communicate with an adverse corporate party?

Opinion rules that a lawyer may not communicate with an adverse corporate party's house counsel, who appears in the case as a corporate manager, without the consent of the corporation's independent counsel. RPC 132.

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury. [8] This Rule applies to communications with any person, ...

What happens if a suspect expresses a desire to speak with a criminal defense attorney?

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. [ii]

Who can a person accused of a crime speak to?

Hypothetically, a person accused of a crime can try to speak with the D.A., the district attorney’s office, and/or a deputy district attorney.

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 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 happens if a party is represented by the D.A.?

If a party is represented, and is then approached by the D.A., the suspect must inform the prosecutor of this representation. The accused should also provide his/her lawyer’s contact information to the prosecutor.

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 information do D.A.s need to press charges?

As to the first point, note that D.A.s normally just have the following information before they decide to press charges: the facts contained within a police report, information from a grand jury proceeding, or. statements from the alleged victim of a crime.