QUESTION
Can a police still ask you some questions after asking for a attorney?
Asked on Oct 17th, 2011 on Criminal Law - New Jersey
More details to this question:
Can the police ask you a question after you have asked for a lawyer and use your answer as a "Statement"?
28 ANSWERS
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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It depends on the circumstances. Generally, no.
Answered on Jul 03rd, 2013 at 3:06 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on Jun 03rd, 2013 at 12:18 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:16 AM
Jacob P. Sartz
I'd recommend you retain a lawyer. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense. Speaking generally, Miranda rights apply to scenarios where the police are interrogating a person while they are in custody. Those rights include the right to remain silent and the right to council. Those rights may be waived. If there are issues with how the Miranda rights were disclosed, then the defense may be able to file a motion to suppress and prohibit the alleged incriminatory statements from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.
Answered on Nov 07th, 2011 at 8:32 PM
They can always ask, but it is possible that you can suppress the answers (meaning they can't use the information you have them). It depends on a lot of factors and is not a black and white thing. For example, if you confessed something, it may be that they can show that they would have found the information anyway, or they can argue that you chose to answer after asking for an attorney when clearly you were aware that you could just stop responding.
Answered on Oct 28th, 2011 at 12:12 PM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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The police should stop asking any questions ones you've asked for an attorney. However, if your not detained nor in custody [note: custody can be more than simply being handcuffed/jail e.g., police not letting you leave] then the police may attempt to question you claiming that they are simply investigating and have not charged nor arrested you. However, you have the abolute right to not say anything and should exercise it because anything you say can and will be used against you.
Answered on Oct 27th, 2011 at 11:17 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you are being interrogated by the police while in custody, you have the right to refuse to answer questions and to ask for an attorney. When that happens, all questioning is supposed to cease. If it does not, then any statements or evidence obtained from those statements should be suppressed. However, you have to be very clear and unequivocal in how you ask for an attorney. Avoid wishy-washy phrases such as "Maybe," "I'll think about it," or "I guess so." Make it clear you are invoking your right to an attorney and you wish to stop answering questions immediately. Have an attorney review the case file to determine if there was a violation that could get any statements suppressed.
Answered on Oct 26th, 2011 at 7:10 PM
Yes the police do and often attempt to elicit statements even after someone hires an attorney. Never discuss anything with the police no matter what they say or how much they try to make you talk. Your attorney will have to determine if those statements you made are admissible.
Answered on Oct 26th, 2011 at 4:34 PM
If you unequivocally invoked your right to an attorney, the officers should stop interrogating you immediately. If they do not, there are strong grounds to suppress your statements so they cannot be used against you.
Answered on Oct 26th, 2011 at 4:26 PM
Michael J. Breczinski
They are not supposed to question you any more and the easiest response is silence.
Answered on Oct 26th, 2011 at 3:31 PM
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Technically, once you are arrested your Miranda rights are supposed to be read to you. The police can ask you whatever they want, however, you don't have to answer them. Legally, any voluntary statements you make may be admissible.
Answered on Oct 26th, 2011 at 2:23 PM
When you ask for an attorney questioning should stop. That means you should refuse to answer any further questions. If you did answer, your attorney will have to review the circumstances to determine whether a motion ot quash would be in order.
Answered on Oct 26th, 2011 at 2:10 PM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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It depends on whether or not you were under arrest or in a custodial interrogation situation. If you were, then your request for an attorney is usually viewed as a refusal to make a statement, and an unwillingness to do so. If this situation is present in this case, you should consult an experienced Attorney to analyze the entire set of circumstances. He can then advise you on how best to defend against unlawful interrogations and their harmful effects.
Answered on Oct 26th, 2011 at 2:04 PM
Once you have asked to speak with an attorney, the police should stop questioning you. You should talk to your attorney about the details of your police interview. An experienced attorney may be able to suppress the statement.
Answered on Oct 26th, 2011 at 12:07 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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First of all, there needs to be an "in custody" interrogation for Miranda to apply. Once a person is in custody asks for an attorney, all questioning should stop. If it does not, then statements are subject to a suppression motion which could exclude the statements from introduction as evidence at a trial. The obvious question is why would the question be answered if insisting on an attorney? It seems contrary to the intent of asking for an attorney. This could bring up the question of whether there was a waiver of the attorney if the questions were answered. However, this is not a good argument for the prosecutor, since the questioning should have stopped. But, with a gap in the questioning, and some other circumstances, it could be argued that there was a waiver. You should go over this more fully with the attorney you retain to represent you in your case. I hope that this was helpful.
Answered on Oct 26th, 2011 at 12:07 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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They can ask you non-interrogating questions such as booking questions. But, if you start talking about the situation again, then you started it and not them so it would be admissble.
Answered on Oct 25th, 2011 at 11:46 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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The Miranda Warnings require that the interrogation stop once you make 100% clear that you will not talk until you get counsel.
Answered on Oct 25th, 2011 at 11:33 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No, they are not supposed to do that.
Answered on Oct 25th, 2011 at 11:29 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Once a suspect asks for an attorney and invokes their Sixth Amendment right to an attorney, all questioning must cease. Any statement taken afterwards should be ruled inadmissible in court. There was a practice done by the police years ago where even after a suspect invoked their rights, they'd keep questioning, hoping to lock somebody into a statement. That has been severely frowned upon by the California Supreme Court.
Answered on Oct 25th, 2011 at 11:16 PM
It depends when you asked for a lawyer. For example, if you have not been arrested yet, the right to a lawyer doesn't apply, and all contact is consensual (ie. you are free to walk away). After an arrest is made, all questioning must stop when the suspect asks for a lawyer.
Answered on Oct 25th, 2011 at 11:00 PM
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If you are not in custody, then the Miranda protections do not apply. Custody usually means handcuffs and jail, but not necessary at the police station if entered voluntarily. Asking for an attorney is the best thing to do other than saying nothing else. Some crafty Detectives will get the interview after you invoke your right to an attorney so that you cannot testify in your defense at trial. This is based on the rule that the court can suppress the statement for the prosecution case in chief, but that the statement can be used to impeach the defendant if he testifies differently. There a lots of ins and outs on Miranda law, demand an attorney and say nothing else.
Answered on Oct 25th, 2011 at 10:40 PM
Daniel Kieth Martin
Yes they can. There was a time when they couldn't do this. As soon as you said that you want a lawyer they had to stop. As the Supreme Court got more and more conservative justices some cases were decided that said if officers asked you more questions and you answered then you were indicating that you changed your mind and you wanted to waive your right to have an attorney present.
Answered on Oct 25th, 2011 at 10:07 PM
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Once you have requested an attorney assuming you are in custody or detained and Miranda applies) an officer may not keep asking you questions (interrogating you). The remedy would be to suppress the answers or statements during that interrogation.
Answered on Oct 25th, 2011 at 10:07 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Once you have told the police that you want to speak with an attorney, the police should stop asking you any questions. If they continue to do so, they may have violated certain rights that you have and the information obtained may be inadmissible in court. Speak with an attorney.
Answered on Oct 25th, 2011 at 10:07 PM
After you request an attorney the police are not allowed under law to keep questioning you. If they do and you say something that can be used against you then that statement is not allowed to be used against you in the prosecution case. Any evidence that was obtained because of the statement cannot be used either. This is all assuming that your attorney objects to the evidence and statement.
Answered on Oct 25th, 2011 at 9:54 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If you have asked for an attorney and they keep questioning you they cannot use any incriminating evidence from your statement. However, proving that they kept questioning you after giving a Miranda warning will not be easy.
Answered on Oct 25th, 2011 at 8:13 PM
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They can ask, but after you invoke your right to counsel all your statements IN RESPONSE TO THEIR QUESTIONS should be suppressed. But if you are just blurting out stuff, then they don't get suppressed.
Answered on Oct 25th, 2011 at 8:11 PM
Gary Moore
He should not. You can ask the court to suppress the use of any a statement by you obtained in this manner and not allow your statement to be used against you in court.
Answered on Oct 25th, 2011 at 8:10 PM