what if i spoke with the police without an attorney

If police ask you to make a statement without a lawyer present, you should politely decline and inform them that you'd like to speak to a lawyer first - and perhaps have a lawyer present when you do make a statement to police. That's not being uncooperative.

Full Answer

Why shouldn’t you speak to the police without a lawyer?

Dec 16, 2019 · Talking to a police officer without an attorney present can dangerous for your situation. One of the main reasons why talking to a police officer isn’t usually a good choice is because they can use the information you tell them against you.

Do I need a lawyer if I’m under police investigation?

Which leads to another reason to hire a lawyer—to do the investigation the police won’t. With help from a private investigator, a lawyer can run down leads the police refuse to. A lawyer may even be able to uncover evidence proving your innocence. But you need to act fast before the prosecutor makes a charging decision.

Can the police question a minor without a parent or lawyer?

May 22, 2018 · If the crime that is being investigated is a violent offense, the police can hold the minor for questioning and investigation for up to 24 hours. Can the Police Question a Minor Without a Parent or Lawyer Present? Generally yes. However, the answer may change depending on the age of the minor and what they are being charged with.

What happens if the prosecutor knows you have a lawyer?

The district attorney will try to utilize the statements that she previously made. Usually, that might be a 911 call, for instance, where she called up, particularly, if she was in an excited state when she called the police and demanded that the police come over right away. “He’s beating me up. He’s hurting me.”

Should you ever speak to police without a lawyer?

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 happens if you give a statement to the police?

If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station. ... Once the statement has been written, the police officer will ask you to read it to check it's accurate. You can ask the police officer to read your statement to you.

Why is it important for individuals in police custody to have a lawyer present during questioning?

The right to have counsel present at a custodial interrogation is necessary to protect the Fifth Amendment privilege against self-incrimination. ... If you cannot afford an attorney, one will be appointed to you free of charge if you wish.Feb 8, 2019

Can I withdraw my statement to the police?

How to change or withdraw your statement. Tell the police officer in charge of the case as soon as possible. The police will probably want you to give evidence in court to help settle the case. ... If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

Can you refuse to give a statement to the police?

You may decide you do not wish to continue with a complaint and would like the police to cease their investigation. If you decide this before giving a witness statement you can refuse to give one. If you do not give a witness statement, it is unlikely that the police will continue investigating.

When should you 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.

Do you have to open the door for the police?

In general the police do not have the right to enter a person's house or other private premises without their permission. However, they can enter without a warrant: when in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime, or.

What are the 5 Miranda rights?

You Have the Right to Remain Silent. Silence cannot be used against defendants in court. ... Anything You Say can Be Used Against You in a Court of Law. All suspects have the right to remain silent. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You.

Why do police lie to suspects?

It is common to find the police lying to suspects to convince them to waive their right to remain silent. They can even attempt to convince you that you do not need a lawyer. You should always remember that it is not safe to talk to the police when your attorney is not present. 3. You Are Not Familiar with the Law.

What happens when you get a warrant of arrest?

When there is a warrant of arrest issued against you, the police read the Miranda rights to you. It is more like a warning to let you know, as a suspect, that you should remain silent. In case you are caught up in a police investigation, do not hesitate to let them know to contact your attorney. Most law experts agree you should never talk to ...

How to stay afloat when thrown in the deep end?

When thrown in the deep end, the only way you can stay afloat is by having an expert pull you out of the situation. Therefore, you should hire an expert lawyer and wait for them when the police arrest and interrogate you. If you are guilty, you should not outrightly accept the charges against you or accept responsibility of the offense.

When the police approach you as a suspect, should you not feel the urge to talk your way out of it?

When the police approach you as a suspect, you should not feel the urge to talk your way out of it. They may use lies or threats to convince you to answer their questions or provide your account of events of a crime. You should only speak to the police when your lawyer is present.

Who has authority to make grants, deals, immunity or negotiate please arrangements?

The only entity that has authority to make grants, deals, immunity or negotiate please arrangements is the U.S. Attorney in federal court and State Attorney in state courts. The police do not have such authority. They may try to get you to give a statement and promise to offer you a deal but this will be bluff.

Should I speak to the police?

You should only speak to the police when your lawyer is present. In some unfortunate circumstances, you may face police brutality. The police should protect citizens but there are reports of them violating the rights of citizens. Such violation may be in the form of excessive force, harassment, and racial slurs.

What does it mean when the police arrest you?

When the police arrest you, you are the one who has the right to remain silent. The police have no right to demand answers from you.

Who said "I don't want him arrested"?

Martin Kane: Whenever the police come upon the scene and there is physical evidence that an assault took place, even if the wife says, “I don’t want him arrested. I just want him to cool off,” the police will always make the arrest.

Is Martin Kane part of the same thing?

Martin Kane: No. Again, it’s part of the same thing. I would say that in at least half of the domestic violence cases that I handle, maybe more, the complainant, usually the wife or the girlfriend, does not want to pursue the case.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

Why is it important to retain a criminal defense attorney?

2. Arrest and Police Report. Oftentimes, a police officer makes a physical arrest of the accused and takes him or her to jail without an initial investigation.

What happens when a police officer gathers evidence?

Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor and present all of the evidence that the officer has obtained, including physical evidence, statements from witnesses, or even your own statements. The officer may recommend certain charges, but only the prosecutor has the power to formally file ...

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What happens if you lie on the stand?

you plan a murder), the other is if you lie on the stand (the lawyer also has an obligation to the legal system not to permit you to lie under oath.) Otherwise, the lawyer would breach his duty as your representative if he went to the police.

Does a lawyer have to disclose anything?

No, the lawyer has an obligation to represent you to the best of his ability, and that includes not disclosing anything. There are two exceptions to this. One is if you disclose a future crime you are intending to commit (e.g. you plan a murder), the other is if you lie on the stand (the lawyer also has an obligation to the legal system not to permit you to lie under oath.)