why don't people request an attorney when being questioned by police

The law provides that once a person invokes his right to counsel, all police interrogation must immediately stop, and it may not resume again until the supect has been provided an opportunity to consult with an attorney. This is in contrast to simply telling the officers that you do not feel like answering questions.

Full Answer

Should I talk to a lawyer before answering police questions?

Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent.

Can you be arrested for refusing to answer police questions?

Jul 28, 2020 · As a general rule, if you have been detained, you must truthfully identify yourself, and beyond that, the only appropriate answer to a police question is: “I want my lawyer.” If you wish to exercise your right to remain silent, state this out …

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

Yes - in the US, if you request a lawyer's presence during questioning, the police are required to stop their questioning until you have a "real" lawyer present (though they are not required to provide you with an attorney). Sending in a cop pretending to be a lawyer would be unconstitutionally deceptive/coercive, and any evidence they obtained from such questioning …

Can a suspect actually request an attorney?

Mar 14, 2018 · Police can’t listen to your conversations with your lawyer. Police can exclude your support person from the interview only if your support person unreasonably interferes with the interview. Your support person should not try to answer questions for you, constantly interrupt questioning or try to hand you answers.

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.

Should you have a lawyer present during questioning?

You have a right to have your attorney present during the interrogation, not just to speak with the attorney. So make sure that you do not answer any questions until you consult with your attorney, and the attorney is present.

Why is it important for a suspect to have his or her attorney present when being questioned by police?

The reason for this is to protect the identity of witnesses. This is another reason why it is important that a defendant charged with a misdemeanor or felony have a lawyer to represent him or her. 2. The prosecutor then decides whether to file charges and, if so, what charges to file.

Can you refuse to be questioned?

You have the constitutional right to remain silent. 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.

Should I go in for questioning?

You Can Always Say 'No' to Police Questioning Even if you're not the subject of a criminal investigation, you always have the right to decline to answer police questions. This applies whether an officer approaches you on the street, calls you to come into the station for questioning, or even after you're arrested.Dec 15, 2014

Can you walk out of an interrogation?

You can ALWAYS leave a police interview. If you aren't free to leave, it is an interrogation and you have to be read your Miranda rights. Now, just because you aren't under arrest doesn't mean your free to leave, see Terry vs. Ohio.

What happens if an individual says he wishes to remain silent or wants a lawyer but the police continue to question them anyway if this happens then the police are?

Once someone detained by the police invokes their Miranda rights by expressing a desire to remain silent, have counsel present, or both, the police must stop the interrogation. ... These circumstances constitute a waiver of Miranda rights.

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

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.

Do I have 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.

Can you refuse to be interviewed by police?

Refusing to attend a voluntary interview may result in being arrested, and a voluntary interview should not be considered less serious than any other type of interview as it still means you are suspected of a crime.Aug 18, 2019

Do police have to interview suspects?

There is no express legal requirement that a person suspected of having committed an offence must be interviewed under caution before any decision as to whether to prosecute is taken.

Your Right to Remain Silent

You have the right to remain silent, whether you have been stopped in the street, have agreed to go to the police station or are under arrest.Howev...

Being Asked to Accompany Police to The Station

You must go with police only if you are formally arrested for an offence or formally detained for questioning about an indictable offence.You must...

How Long Police Can Detain You

Police can keep you for up to 8 hours unless a court order extends the period. They can question you for up to 4 hours in that 8-hour period.

Questions That Police Can Ask

Generally, police can question you after detaining or arresting you. However, you can insist on your right to remain silent. If the police have arr...

Questioning People With Specific Needs

Police have to: 1. provide an interpreter where needed 2. have a parent or an independent person present when questioning a child about a serious m...

Getting Legal Advice Before Confessing

Do not confess to anything and avoid giving an interview until you have proper and independent legal advice.Even if you understand the law, you mig...

What is the job of a lawyer?

The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.

What is a grand jury subpoena?

A grand jury subpoena is a written order for you to go to court and testify about information you may have. If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officer’s questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting ...

Do you have to talk to 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.

Do you have to be interviewed to have an attorney present?

You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering.

Do you have to answer questions if you are stopped?

Are there any exceptions to the general rule that I do not have to answer questions? Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions.

Why do police officers ask questions during a traffic stop?

The officer will ask questions in an attempt to discover additional evidence, and the answers you give during a traffic stop may lead to more charges. Police investigators prefer face-to-face interviews for many reasons, but we find that officers regularly interview witnesses and even suspects by telephone.

When you encounter a police officer during a detention or during questioning, do you make a note of

When you encounter a police officer either during a detention or during questioning, make a note of their name. If it is not clearly displayed, ask for it; in most situations they are required to provide it.

What is the purpose of police officers?

Police officers are trained to interrogate suspects and their goal is to pressure the suspect by creating an atmosphere where they can find and exploit a psychological weakness. Their aim is to extract a confession, an incriminating statement, or even a partial admission of some fact necessary to prove guilt.

When investigating a complaint that a crime has been committed, what do police officers and investigators gather?

When investigating a complaint that a crime has been committed, police officers and investigators gather information, primarily through questioning any witness who might have information about what happened. They should attempt to question everyone present during an incident, and even those nearby who may have heard or seen something that will help add to the story of what happened.

What are some examples of police questioning?

Here are a few common examples of police questioning: DURING A TRAFFIC STOP. If, while operating a vehicle, a police officer orders you to pull over for a traffic infraction, the officer may suspect that other criminal activity is present, such as driving under the influence (DUI), the transportation of illegal drugs, or other illegal activities. ...

How to stay calm when you are in a police station?

Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents . Keep your hands where the police can see them. Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.

What rights do you have if you are stopped by the police?

In the United States, if you are questioned by the police, you are entitled to exercise your Fifth Amendment right to remain silent, and your Sixth Amendment right to counsel. As a general rule, if you have been detained, you must truthfully identify yourself, and beyond that, ...

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.

What is Jennifer's first sentence?

Jennifer's first sentence is spoken like a lawyer. I'm going to translate it into Enlgish... There is a legal concept called Custodial Interrogation. If you are in custody, you need to have been Mirandized (see Keith R.'s answer).

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.

How to answer police questions?

At a formal interview, the police ask questions and record your answers. If police question you about an indictable offence, they must follow laws that protect your rights, by: 1 warning you about certain things before questioning you 2 warning you (or ‘caution’) in a language that you can understand and use interpreters when necessary 3 telling you that you have a right to remain silent and do not have to answer their questions 4 telling you that you can contact a support person and a lawyer, and allow you to contact them 5 recording the caution electronically or writing it down if necessary 6 recording the interview itself electronically or write it down if necessary. You are entitled to a free copy of the interview tape within 7 days for a tape recording or 14 days for a video recording.

What to say when arrested for questioning?

If you’ve been detained for questioning or arrested, you have a right to silence. After stating your name and address, you should state ‘I have nothing to say’ and then seek legal advice. These rules also apply if police want to question you after you’ve been charged with an indictable offence.

What happens if you are arrested by police?

If the police have arrested you because you have committed an indictable offence (more severe offence like murder, rape, robbery, assault, and break and enter which are dealt with in District or Supreme Court), or they suspect you have, they must caution you about your right to remain silent.

What questions can police ask?

Basic questions the police can ask you: your name and address. date and place of your birth (in drug matters) questions regarding broken traffic laws or whether you’ve seen an accident. Police must not get a confession from you using threats or promises of any kind.

How long does it take to get a copy of a caution tape?

You are entitled to a free copy of the interview tape within 7 days for a tape recording or 14 days for a video recording.

What is a warning?

warning you (or ‘caution’) in a language that you can understand and use interpreters when necessary. telling you that you have a right to remain silent and do not have to answer their questions. telling you that you can contact a support person and a lawyer, and allow you to contact them.

When do you get interviewed by police?

You may be formally interviewed: after being arrested. after being formally detained for questioning about an indictable offence.

What happens when a suspect does not answer questions?

When the suspect still will not answer questions, the bad cop will lose his temper and leave the room. Then the good cop will sit down and, in an affable manner, attempt to befriend the frightened suspect. Eventually, of course, the good cop wil cajole the supect into confessing. 2.

What to do if you are being interrogated by police?

If you are facing police interrogation, you should immediately contact an experienced criminal defense lawyer. Also, if the interrogation concerns a a drug offense, read about how police investigate drug offenses, and determine whether you should cooperate . If it involves a sex crime, learn how police investigate such crimes.

What is the bright line rule?

The law provides for a "bright-line" rule that once the suspect invokes his right to counsel, the police may not reinitiate interrogation unless and until the suspect has had the opportunity to consult with a criminal defense lawyer. This bright-line rule drives police detectives to distraction.

What is interrogation in criminal law?

Interrogation, like anything else, is a skill that police detectives are taught, and which they refine over the years. Only an experienced criminal defense lawyer can immediately recognize the strategies of the detectives, and help you avoid false, or unnecessary, confessions. 1.

What is the only thing a suspect possesses?

The only thing a suspect possesses is uncertainty and fear. The experience of the detectives will allow them to unfairly play upon the suspect's fear and uncertainty-- and this results in both false confessions, and confessions, although truthful, that may be the only incriminating evidence that the state possesses.

What is the right to counsel when interrogated by police?

Therefore, when faced with police interrogation you must invoke your right to counsel. This means clearly and unequivocally telling the officers that you will not answer any questions until you have consulted ...

What does a statement of innocence do?

A solid statement of innocence at the very beginning of the case may sometimes prevent charges from being issued. More importantly, though, if charges are issued and the defense of the case will require the defendant to testify (self-defense, etc), the defendant must immediately give a statement to police.

What does a suspect say in a police interview?

A suspect in police custody agrees to an interview. He answers some of the officers' questions, then says, "Maybe I should talk to a lawyer.". The officers ask the suspect whether he's requesting a lawyer; the suspect says no. After a short break and the officers reminding the suspect of his rights, the suspect continues to talk.

What happens if a suspect waives Miranda rights?

U.S. (512 U.S. 453 (1994).) The Court noted that if a suspect invokes the right to counsel at any time, the police must at once stop the questioning until a lawyer is present. (A suspect can also invoke the right to remain silent—see Is post-arrest silence enough to stop police questioning?) But the Court also said that, after a suspect waives the Miranda rights, officers may continue asking questions until the suspect makes a clear request for a lawyer.

Can police continue to interrogate after a suspect waives Miranda rights?

But the Court also said that, after a suspect waives the Miranda rights, officers may continue asking questions until the suspect makes a clear request for a lawyer. If the comment is ambiguous—if a reasonable officer would interpret it as a potential request for a lawyer—then the police can continue interrogating.

What is the process called when police stop and question?

Moreover, they also can detain them and pat them down for weapons if the officer feels they are in danger. This entire process is called a “stop and frisk” or a “Terry stop.”.

What happens if you think you are a suspect?

On the other hand, if the person thinks they are a suspect or they believe that the police suspect that they have committed a crime, then it would be in their best interest to remain silent or to tell the police that they refuse to say anything without consulting an attorney first.

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.

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.

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.

Can you stop answering questions?

Also, the person may stop answering questions at any time, which means that all questioning by police must cease as well . In addition, an individual has a right to have their attorney present if they do decide to answer any questions.