right to attorney when detained or questioned

If you're detained by police and interrogated, you have the right to not say anything as well as the right to counsel. If your request is denied or ignored, and the police continue questioning you, then they're violating your rights. Reach out to a local criminal defense attorney to learn more and discuss your specific situation.

Full Answer

What are the rights of a criminal defense attorney?

 · The right to a lawyer should be presented during detainment, and the person should be informed about any available legal aid. Duty counsel should be made available, which is a lawyer who can talk to you free of charge.

Can a suspect refuse an interrogation after invoking the right to attorney?

 · Right to an Attorney: No matter how minor or severe an offense is, you have the right to speak with an attorney and seek legal advice and defense. After being detained, the detaining officer will give you the opportunity to make a phone call and make arrangements to speak with a criminal defense attorney.

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

 · Can I Ask For a Lawyer When I Am Being Questioned by the Police? All Questioning Must Cease Once an Attorney is Requested. If you are in police custody and you are being questioned, you... You Can Waive Your Right To Counsel If You Do Not Remain Silent. You can request an attorney at any time. ...

Can a defendant be represented by his or her own attorney?

The right to speak privately with an attorney before answering any questions or signing anything. If you cannot afford an attorney and if the crime that prompted your arrest has jail time as a possible penalty, you also have a right to have an attorney appointed to represent you at no cost to you before being questioned, and to have that attorney with you during any questioning to …

What if you are not free to go after being approached by a police officer?

If you are not free to go after being approached by a police officer, you have the right to know the reasons why you are being detained. You have the right to remain silent. You have the right to consult a lawyer for further advice and instruction. If you did not know this right prior to detainment, you should be informed of this right by the police. The right to a lawyer should be presented during detainment, and the person should be informed about any available legal aid. Duty counsel should be made available, which is a lawyer who can talk to you free of charge.

What happens if you are stopped by police in Atlanta?

After you are stopped and questioned by police officers, there is the possibility of not being free to leave in the course of the investigation. If you are told to come to the station, you are being detained for further questioning. During this process, it is crucial that the detainee grasps a complete understanding of their rights, in order to prevent unnecessary charges against them. Failure to understand one’s rights diminishes the strength of a potential case and can be used against the defendant if the crime proceeds to court.

Is there a difference between detention and arrest?

There is a clear distinction between detainment and arrest. A person being detained has not yet been charged with a particular crime. Although many people associate arrest with the necessity of knowing their rights, the in-between stage of detainment is an equally vital step in preventing or exacerbating a subsequent arrest.

Can you telephone a lawyer?

Part of the right to counsel is your right to privately telephone a lawyer, however anyone contacted outside the realm of legal consultation can be supervised by police.

Does Martindale Hubbell confirm a lawyer's client?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martinda le-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.

What is the right to speak with an attorney after being detained?

After being detained, the deta ining officer will give you the opportunity to make a phone call and make arrangements to speak with a criminal defense attorney.

What rights do you have if you are detained in Florida?

If you have been detained in Florida for any reason, you have some basic rights such as the right to not speak to police officers and to speak with an attorney. Here are some of the rights you should know and understand should you ever be detained in Florida.

What is the right to be presumed innocent?

Presumption of Innocence: Although in many cases individuals who are being detained are treated as guilty from the moment they arrested, you have the right to be presumed innocent. This is a protection against the state’s ability to prosecute you by helping to assist you in receiving a fair and unbiased trial.

What to do if you believe your rights have been violated?

If you believe at any time that your rights have been violated when you have been detained for an offense, you should speak with your criminal defense attorney right away. Your rights are not negotiable, and no individual, no matter what the offense, should have to stand for their basic rights being violated.

What is due process in police custody?

Due Process: The basis of this right is that the police officers detaining you must treat you fairly during your detainment, interrogation, or any time you are in their custody. They cannot physically abuse you or coerce you in order to obtain a confession, nor can they deny you of your right to remain silent or have an attorney representing you. Doing any of these things is a violation of your due process.

Does Martindale Hubbell confirm a lawyer's client?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martinda le-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.

What is the right to be told why you are being arrested?

If you are arrested on a warrant, you have the right to see the warrant within a reasonable time after your arrest, to read it and make certain your name appears on it, and to see the charge against you.

What does it mean to contact someone who has been arrested?

Contact, by telephone or otherwise, a responsible person, to tell him or her you have been arrested and what the charges are. You are not limited to one telephone call if more calls are needed to contact someone.

What is an arrest warrant?

An arrest warrant is a legal document, issued by a judge or a clerk of the courts, directing the police or the sheriff to arrest you and take you into custody. This document does not have to be on any particular form. The arresting officer is not required to have the warrant in hand when you are arrested. The officer must show you the warrant within a reasonable time after you are arrested and give you a copy. If the officer fails to do so, tell your attorney later.

What is reasonable bail?

Reasonable bail or bond to secure your release from jail unless you are charged with a capital crime. Usually a judge sets the bail or conditions of your release. If you are charged with a misdemeanor, and if no judge is available, the police may, at police headquarters, accept bail in accordance with rules established by the judge.

How is an arrest different from a stop?

An arrest is different from a stop. A stop involves brief questioning in the place where you were detained. If the officer wants to hold you longer, or decides to take you elsewhere, such as to the police station, he or she is no longer just stopping you, but is arresting you. An arrest deprives you of your freedom of movement for an even longer period of time than a stop, so the law limits the instances when arrests can be made.

What happens if you don't give your address to police in Ohio?

If you fail to provide this information under such circumstances, you will be committing a fourth-degree misdemeanor and may be arrested.

What does it mean when a police officer stops you?

Suppose you are walking down a street when a police officer confronts you and says: “Stop. I need to ask you some questions .” A person is “stopped,” or “detained,” when an officer uses enough force, or a show of authority, to make a reasonable person feel he or she is not free to leave. If, in addition to calling out for you to stop and using his or her authority to make you stop, the officer also pulls out a weapon or uses a threatening tone of voice, it would be even clearer that you have been "stopped." If the officer interferes with your liberty to move about, he or she should first have a reasonable suspicion that you have been involved in a crime. The officer would need to support this suspicion later (should the matter should wind up in court) by referring to specific facts that prompted the suspicion.

Which Justices dissented from the extra-judicial identification rule?

Previously, the manner of an extra-judicial identification affected only the weight, not the admissibility, of identification testimony at trial. Justices White, Harlan, and Stewart dissented, denying any objective need for the Court’s per se rule and doubting its efficacy in any event. Id. at 250.

Which case held that absence of an interrogation is irrelevant in a Massiah based Sixth Amendment

The different issues in Fifth and Sixth Amendment cases were summarized in Fellers v. United States , 540 U.S. 519 (2004), which held that absence of an interrogation is irrelevant in a Massiah -based Sixth Amendment inquiry.

What is the right to a speedy trial?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

What did Justice Stevens say about the Jackson decision?

He wrote, “The majority's analysis flagrantly misrepresents Jackson ’s underlying rationale and the constitutional interests the decision sought to protect. . . . [T]he Jackson opinion does not even mention the anti-badgering considerations that provide the basis for the Court's decision today. Instead, Jackson relied primarily on cases discussing the broad protections guaranteed by the Sixth Amendment right to counsel—not its Fifth Amendment counterpart. Jackson emphasized that the purpose of the Sixth Amendment is to 'protec [t] the unaided layman at critical confrontations with his adversary,' by giving him 'the right to rely on counsel as a medium between him [self] and the State.' . . . Once Jackson is placed in its proper Sixth Amendment context, the majority's justifications for overruling the decision crumble.” 556 U.S. at 805–06 (internal quotation marks and citations omitted). Justice Stevens added, “Even if Jackson had never been decided, it would be clear that Montejo's Sixth Amendment rights were violated. . . . Because police questioned Montejo without notice to, and outside the presence of, his lawyer, the interrogation violated Montejo's right to counsel even under pre- Jackson precedent.” 556 U.S. at 810–11.

What to do if you are arrested for DUI?

1) If detained for a DUI, refuse to do any field sobriety test or on-scene preliminary alcohol screening test. Ask for a breath test at the police station. Do not answer any questions about alcohol consumption.

Can police lie?

9) Police can lie. Just because someone says they are not a cop, does not mean that they are not.

Can you search your vehicle without consent?

3) Never consent to any search of your vehicle, home, or person. Any evidence discovered by authorities against your consent may be thrown out in court.

Can you contact a police officer without a lawyer?

7) Never make any contact with any law enforcement agency, District Attorney, City Attorney, Prosecutor, or Investigator without consulting a lawyer first. The police are there to fulfill their duties, they are not your friends!

Do police inform you of your rights?

Police officers oftentimes do not inform you of your rights. Learn your police questioning rights. Understand what to say and, more importantly, what not to say when being arrested or questioned by the police.

What happens when you are detained by police?

When you’re detained by police officers, it’s usually for “brief and cursory” questioning. After the questioning is over, you’ll most likely be released. Officers must have reasonable suspicion to detain a suspect, but this also usually means they don’t have probable cause to arrest you.

What to do when you are being detained?

If you’re being detained, ask why. It could be innocuous, which can ease some of your panic. But, as with an arrest, understanding the situation you’re in will help you formulate your responses and your next actions.

What does it mean when someone asks you to search your house?

So if they’re asking to search your things or asking to enter your home/your car, that usually means they don’t have a warrant and are asking for your consent. Ask whether they have a warrant and if they say no, then you can legally refuse the officers. If they disregard this and continue anyway, call your lawyer ASAP.

What to do if someone disregards warrants?

If they disregard this and continue anyway, call your lawyer ASAP. Be sure to choose an entertainment lawyer who can handle a variety of legal issues. This could be an illegal search and seizure since the law requires officers to have warrants. An exception is if they have extreme examples of reasonable suspicion or probable cause).

What happens if you are not arrested?

Think about the answers to the first two questions you asked. If you’re not being detained and you’re not being arrested, chances are you are free to go. The police cannot keep you without probable cause or reasonable suspicion.

Can you be arrested without probable cause?

You cannot be arrested without probable cause. So if you are being arrested, ask why you are. You have the right to know what you’re being arrested for and charged with.

Do you have to give consent to police?

In general, you shouldn’t give your consent to police officers. They need warrants to search you, your property, or your home. They also need an arrest warrant if they’ve come specifically to arrest you.

What is the right to remain silent?

The right to remain silent is one of your Miranda Rights. In short, it means that you have the legal right not to answer questions once you’ve been arrested, and not to be asked questions once you’ve invoked your right. While the police are required by law to read you your Miranda Rights upon arrest, you do not have to wait until ...

What happens if police continue questioning you?

If the police continue questioning after you’ve clearly invoked your right to remain silent, then this would be a violation of your Miranda rights and any subsequent statements you make may not be used against you in court.

What are some phrases that are not a clear invocation of your right to remain silent?

Be careful not to use ambiguous language. Phrases like, “Should I call a lawyer?” or, “I don’t want to talk to you.” are not a clear invocation of your right to remain silent.

Do you have to wait to read Miranda rights?

While the police are required by law to read you your Miranda Rights upon arrest, you do not have to wait until that happens to invoke your right to remain silent. You do, however, need to clearly invoke your right to remain silent. Merely refusing to answer any questions does not legally constitute invoking your right.

Can you invoke your right to remain silent?

There is no “official” way to invoke your right to remain silent. However, because body language and silence are legally ambiguous, you must verbally invoke your right. Here are some examples of things you can say to invoke your rights: I am invoking my right to remain silent. I wish to remain silent. I would like to speak with an attorney.

Do Miranda rights apply to police?

It’s also important to know that your Miranda Rights only apply if you have officially been taken into police custody. If you are unsure whether or not you are under arrest or are simply being detained, it’s perfectly okay to ask an officer: “Am I under arrest?”

Do police officers fear you?

Police officers often count on the fact that you might be scared and intimidated when they question you. They hope that they’ll catch you in a lie or that you’ll confess to a crime.

What happens if a suspect makes an ambiguous or equivocal statement concerning the right to legal

If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions. Three days later, the detectives interviewed Medina again.

What is explicit request for attorney?

An explicit request for an attorney requires all questioning to cease. If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions.

When was the second interrogation allowed?

96 (1975)), the Supreme Court allowed a second interrogation after the suspect had invoked the right to remain silent upon consideration of four factors: The interrogation immediately ceased when the defendant said he did not want to talk anymore.

Did the police give Miranda warnings during interrogations?

Though commendable, the reminder was constitutionally unnecessary. In Maryland v. Shatzer (559 U.S. 98 (2010)), the Supreme Court held officers need not give renewed Miranda warnings during subsequent interrogations unless 14 days had passed since a break in custody and an effective initial Miranda warning.

Did Medina have a conversation with an attorney?

Medina argued he merely began a routine conversation about something unrelated to the murder. The court acknowledged truly routine conversation about an unrelated topic would not signal a suspect’s desire to talk about the murder. However, the court disagreed that Medina’s conversation was more than just routine or unrelated to the crimes charged. When Medina invoked his right to an attorney in the first interrogation, he immediately followed with:

Did Medina ask the court to suppress the statements obtained during the interrogations?

Medina asked the court to suppress the statements obtained during the two interrogations, claiming detectives continued to question him after he plainly invoked his right to an attorney during the initial questioning. The trial court agreed and granted his request; the state appealed.