how long can the police question you if you asked for an attorney

Realistically, the police will not take that long, but they could take a couple weeks. If you think you are suspect, or that the police may question you, you should not wait to hire an attorney.

Full Answer

Can the police question me after I ask for a lawyer?

If you are in police custody and you are being questioned, you can at any time prior or during the interrogation ask for counsel. Once you ask, the questioning must cease until you are able to speak with an attorney. Remember, do not be ambiguous about your request for counsel, stating merely that you think you should have counsel may not be enough to prompt the officers to …

Do I have to answer any questions if I am under arrest?

Oct 18, 2018 · Arizona no longer applies. That is to say, the police are free to return to a suspect and try to question him again even though he stated he wanted a lawyer present when the police previously tried to question him as long as at least 14 days have passed between the …

When do police have to stop questioning you?

In Canada, for example, the police can absolutely keep interrogating you after you ask for a lawyer. They can't force you to answer, or force you to waive your rights, but they can keep asking you questions for hours and hours and hours, and whatever you say can be …

When is a person free to answer any questions the police ask?

The police give him the Miranda warnings again and then ask him questions. Any statements John gives after the second set of Miranda warnings will probably be admissible in court. Limited Invocation of the Right to Counsel. If a detainee invokes the right to counsel for only a limited purpose, the police may interrogate "around" that purpose.

Can police question you without a lawyer?

Being questioned without legal advice Once you've asked for legal advice, the police can't question you until you've got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

Can police question you more than once?

General Rule: Questioning Must Stop 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.

Is it illegal to refuse to answer police questions?

You don't have to answer any questions the police officer asks you, unless the officer suspects you are linked to an offence. The fact that the police may have stopped someone does not mean they are guilty of an offence.

Should you always ask for an attorney?

You should request an attorney immediately if you are being questioned about a crime and you may be the target of the investigation. You should request an attorney if the answers may incriminate you. Perhaps just as importantly, you should request an attorney if you are not sure.

How long does a prosecuting attorney have to file charges?

The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.Nov 18, 2021

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What are your rights when stopped by the police?

Your rights, and the law Most of the time, you have the legal right to refuse to answer and just walk away. Usually, under 'stop and account', the police officer or PCSO doesn't have the power to force you to stay. You can't be searched or arrested just because you refuse to answer their questions.

Do policemen get warrant cards?

Generally, police officers are required to produce their warrant card when requested, even in uniform, but only if it is practical. All types of police are issued warrant cards, as it is proof of attestation.

Why do cops touch the tail lights?

Police need to be able to examine a vehicle quickly before approaching it, and touching/tapping a tail light can tell cops a lot about the person being pulled over. For instance, this tactic can give the officer an idea of the driver's mental state.

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.

Should I talk to the police?

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.

What does invoke your rights mean?

Invoking the Right to Remain Silent and Police Protocol Practically speaking, this means that if police read a suspect his or her Miranda rights, the suspect understands (and even remains silent for a period), police may continue or later attempt to interrogate the suspect.Jan 28, 2019

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.

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.

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.

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.

Who is Doug Riddell?

Doug Riddell is a Columbus attorney and the founder of Riddell Law LLC. Doug graduated from the University of Notre Dame (B.A. Political Science) and from the University of Cincinnati Law School. After law school, Doug represented traffic and criminal defendants in private practice throughout Franklin, Licking, Delaware, Fairfield, Madison, Champaign, and Union counties. Doug then left private practice to serve as a Public Defender in Franklin County. During his years with the Public Defender’s office, Doug represented thousands of OVI, traffic, and criminal defendants, gaining extensive experience in the courtroom. Doug regularly practices in courthouses throughout Columbus and Central Ohio, including courts in Dublin, Grandview Heights, Grove City, Gahanna, Hilliard, Lancaster, Marble Cliff, New Albany, Newark, Plain City, Reynoldsburg, Springfield, Upper Arlington, Urbana, Westerville, and Whitehall. He has successfully represented clients facing a wide range of criminal and traffic charges, such as DUI / OVI / drunk driving, speeding tickets, traffic violations, underage drinking, domestic violence, reckless driving, theft, criminal damaging, disorderly conduct, domestic violence, drug crimes, drug paraphernalia, fraud, juvenile crimes, hit skip, probation violation, and vandalism, among other charges. Doug is a member of the Ohio Association of Criminal Defense Lawyers, the Ohio State Bar Association, the Columbus Bar Association, and the Central Ohio Association of Criminal Defense Lawyers. Additionally, he regularly speaks about OVI/DUI law at Certified Driver Intervention programs throughout Central Ohio, including Second Chance Counseling Driver Intervention Program and Crossroads Recovery Services Driver Intervention Program.

What is a Terry stop?

A “Terry stop” (a brief investigatory stop) This second kind of police interaction involves a temporary detention. Not an arrest, but you are not free to walk away. This does require that the police have “reasonable suspicion.”. It is not considered a “seizure” but is a temporary stop that is allowed when there is “articulable suspicion ...

Which amendment protects citizens from unreasonable search and seizure?

The Fourth Amendment protects citizens from unreasonable search and seizure. This means that, generally, the police cannot seize or search you without a warrant–unless a specific exception applies.

Can police ask for ID?

Police can ask anyone for ID anytime and can ask to search someone’s bag anytime, without having to have a warrant, probable cause, or even reasonable suspicion that criminal activity is afoot. This is because in theory, the person can always refuse to provide information or say no to the search and walk away.

What is the constitutional basis for arrest without warrant?

An arrest without a warrant is constitutionally valid if the officers had probable cause to make the arrest.

Can police pat you down?

What’s more, the police are even allowed to pat you down if they have a “reasonable fear for his own or others’ safety” before frisking. But in order to do a pat down, the police must have specific facts that they say make them afraid you might have a weapon — they can’t just say they had a hunch.

What is the 4th amendment?

The Fourth Amendment right to be free from unreasonable search and seizure is a right that is taken seriously in Ohio courts and cannot be taken lightly by police . To ask specific questions about the stop in your case, call our attorneys at (614) 361-2804. #.

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 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.

What is the Miranda warning?

Part of the Miranda warnings is the provision that if you want to speak to a lawyer and you can’t afford one, one will be appointed for you at no expense. This is a determination for a court to make - not the police. Nick Scurvy. , Fought depression, social anxiety, etc. For years. Answered February 20, 2021.

Can you waive your right to an attorney?

Anything you say, can and will be used against you in a court of law. You have the right to have an attorney present during questioning. 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.”.

What rights do you have in court?

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 have an attorney present during questioning. If you are unable to afford an attorney, one will be appointed for you.

Charles Kevin Stoddard

Can they continue to question you? Yes. Officers are often encouraged to continue asking questions as the answers can lead to evidence indirectly that can be used against you. Can they use your answers against you? Probably not. As posted above, the demand for a lawyer must generally be clear and unequivocal.

David Jon Pullman

It depends on what the context of you asking for a lawyer was. 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.

Vincent Ronald Ross

Your attorney should move to suppress the statements. While I do not know if that will be successful, it is certainly something that should be done pre-trial or in limine.

Tai Christopher Bogan

Can the questions you answered be used against you? Maybe. It depends on the circumstances of your case. If you asked for a lawyer then certainly that is a factor pointing toward suppression. Miranda rulings are constantly in flux. Years ago if you asked for a lawyer it was game over for the cops.

Elliot Rahmim Zarabi

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...

Debra Sarah White

The police are not allowed to question you after you have asked for a lawyer.#N#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.

Daniel G. Galivan

There is no "set in stone" answer to your questions. Several factors dictate when the police might actually get around to conducting interviews of potential witnesses and/or suspects. In the interim, you are free to leave the jurisdiction. If you are a potential witness, you could provide your contact information.

W. Scott Hanken

The time frame can vary. Typically after the report it will be farmed out to a Detective who will follow up as times allows. If you are a suspect you can expect to be contacted. Do not fall into the trap of thinking that you must talk to the Detective. If you feel you have some exposure, now is the time to consult with an attorney.#N#More

Martin Samuel Lascola

It is difficult to answer this question, because the police conduct investigations according to their workload, urgency of the crime, and a host of other factors as well.

Donald N. MacNeil

In Illinois, they have up to three years to charge you with a felony. Realistically, the police will not take that long, but they could take a couple weeks. If you think you are suspect, or that the police may question you, you should not wait to hire an attorney.

Steven Abraham Amjad

There is no definitive answer to your questions, there are so many variables at play in an investigation into a crime like this, not the least of which is whether or not the victim is interested in pressing charges.

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.

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.

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 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.

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.