how long can you be detained when you ask for an attorney

When to ask if you’re being detained or arrested?

Answer (1 of 21): The first thing you should do when questioned by the police is ask if you are free to leave and insist on an answer. If you are free to leave - do so immediately, even if the officers tell you that you’re acting against your best interest (that’s their opinion and it’s their int...

How long can the police detain you?

Jun 04, 2020 · You can ask for a lawyer and assert your fifth amendment right against self-incrimination. It’s as simple as that. Don’t be fooled or intimidated into talking with police.

What are my rights if I am detained by the police?

If the officer says that he has a warrant for your arrest, you have a right to see the warrant. You must go with the officer, but you do not have to answer questions until you consult an attorney. If you are detained, you should ask for an attorney and remain silent. Learn more

What to do if the answer to your detainment question is no?

The keyword here is “briefly,” although the law does not place a hard time limit on how long detainments can last. In addition, you are not free to leave during a detainment. A detainment can happen while you’re on foot or in a vehicle. In order to detain you, the police must have what’s called reasonable suspicion.

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.

What happens if a cop says no?

When a cop says no, or indicates in any other way that you’re are not free to go (either by show of force or otherwise), your constitutional rights truly kick in. It is imperative though that you ask this and if possible, get the refusal on video. If the cop says you are free to go, leave safely and calmly. That’s it.

What does it mean to hold someone down?

To hold someone briefly and pat them down, a cop needs to have reasonable suspicion of a crime. That’s a lower standard than probable cause, which is what a cops needs to detain you. Sidebar, this also applies in your home.

What is the 4th amendment?

Under the fourth amendment, which protects us from unreasonable searches and seizure of our person and spaces, cops need a justification to detain and search you. This is either reasonable suspicion or probable cause. To hold someone briefly and pat them down, a cop needs to have reasonable suspicion of a crime.

Can cops use probable cause to detain you for violating a curfew?

They will use anything to justify detaining you, but they can’t transfer their probable cause from one thing to another. I.e., they can’t use their probable cause to detain you for violating a cur few to search you, unless they have separate reasonable suspicion you’re armed.

Can cops talk to you?

Now, a cop can talk with you like any other person. That’s fine and they don’t need probable cause or reasonable suspicion to ask you a question. But you are under no obligation to reply. If they attempt to pressure you to speak, see above and ask if you are free to go. If you’re not, your right to remain silent has kicked in.

Can police enter your home without a warrant?

Just as they cannot detain you without probable cause, police cannot enter your home against your will without a warrant. If an officer wants to get inside, calmly ask if they have a warrant. If the answer is no, be silent, close the door, and lock it. Again, record this if you can.

What to do if you don't have a warrant?

Ask to see the warrant. If the officer does not have one, you do not have to let him into your home. However, do not try to stop him if he forces his way into your home or office. Simply state that he does not have your permission to enter. If the officer says that he has a warrant for your arrest, you have a right to see the warrant.

Can I talk to the FBI without an attorney?

If you want to talk to the FBI or police, your attorney can respond on your behalf to set up an interview. ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else. Lying to a federal officer is a crime.

Is lying to a federal officer a crime?

Lying to a federal officer is a crime. Remaining silent is NOT a crime (except in limited situations when you can be required to identify yourself). You are NOT required to allow the officer into your home without a warrant. Ask to see the warrant. If the officer does not have one, you do not have to let him into your home.

What are the duties of a detainee?

Your Responsibilities During Detainment 1 Be respectful. Don’t badmouth the police or become belligerent, even if you disagree with what is happening. You can have your day in court later. 2 Don’t try to leave. Cooperate with the police, or you could face an obstruction of justice charge. 3 If you are driving a vehicle, you are required to show police your driver’s license, vehicle registration, and proof of insurance if they ask.

Do police have probable cause?

Police must have probable cause that you were, are, or are about to commit a crime before they can arrest you. Unlike in the movies, police do not necessarily say, “You are under arrest.”. In fact, if a detainment lasts too long, it can automatically turn into a de facto arrest. If it’s not clear to you what is happening, ask, “ Am I under arrest? ...

Can you refuse a search warrant?

In the absence of a search warrant, you can refuse to consent to your car, house, or other property being searched. There are some circumstances where the police may proceed with a search anyway. It’s still important that you state that you do not consent. Refusing may help your case later on.

John Leif Fossum

I agree with my colleague, if you are correct about what is going on, it is hard to understand. Best thing would be to get a lawyer right away, if you cannot afford to consult with a lawyer, you should ask the court to appoint one who can explain what is going on, or argue for his release...

Craig S Orent

Assuming a criminal complaint is currently pending against him, the government has 30 days from the day of his arrest to indict him. However, he does not have to be arraigned (first appearance on the new charge/indictment) within the 30 days. In some case, though quite rare, the 30 days limit can be extended a single time for another 30 days.

Craig A. Epifanio

If speedy trial is not waived by his attorney, then the state has 90 days on misdemeanor and 175 days on a felony to bring them to trial. The state is allowed certain short extensions past that for good cause. If he is being held without bond, then he needs to talk to his public defender right away so that they can talk strategy for trial.#N#More

Timothy England Moffitt

If this person is still in jail after 120 days, then the State has probably already filed formal charges. You need to find out if the Public Defender has "waived the right to a speedy trial." If not, then the State has approximately six months to bring the Defendant to trial.

Ayuban Antonio Tomas

The state has to file charges within 40 days of the arrest. Once charges are filed, a trial date is scheduled. However, the trial date can be changed if there are any continuances. If this person is on "no bond" status, then he will sit in jail until his trial is disposed of. He should consider filing a demand for speedy trial...

What does it mean to be arrested?

To arrest someone is to restrain or take a person into custody in order to charge him or her with a crime. If you are arrested, you have rights to protect yourself whether you are guilty or innocent. Remember, however, the police also have rights and responsibilities that you must recognize.

How long do you have to appear in court after arrest?

Normally, you must appear before a judge for a court appearance within the first 36 hours after your arrest. If the police officer or jail authorities give you a ticket or any paperwork, read it carefully. It will probably indicate your court date and the conditions of your release.

Can you be arrested for a speeding ticket?

You cannot be arrested for a violation, like a speeding ticket. However, an officer can detain you long enough to identify who you are and to give you a citation. If an officer orders you to go with him or her, or when you submit or surrender to custody, you have been arrested.

What happens if you don't have a lawyer?

If you do not have a lawyer, the judge will tell you about your right to have one. If you ask, the judge will postpone proceedings to allow you reasonable time to get a lawyer. If you cannot afford to hire a lawyer, ask the judge to appoint one.

Is it a crime to resist arrest?

Even if you are innocent, it is a crime to resist a police officer while he or she is placing you under arrest. Do not resist arrest. Do not become disorderly, use abusive language or provoke others to use bad language. Do not interfere if officers are attempting to arrest other persons.

What happens if you plead guilty to a felony?

In most felony cases, a grand jury decides whether or not there is enough evidence to accuse you of a felony. If the grand jury decides that there is not enough evidence, the case may be dismissed or reissued as a misdemeanor.

Can an officer arrest you without a warrant?

At the time of arrest, the officer must tell you why you are being arrested and how the arrest is authorized. An officer may arrest you without a warrant if he or she has “probable cause” to believe you committed a crime, or if a valid exception to the warrant requirement exists.