Should I have been provided an attorney for police questioning?

Question

I was in the bathroom getting ready and my front door was shut. I heard somebody yelling hello hello and I walked to the front door. It was a detective and he wanted me to go to the police station and I said that I would call a ride. He said I will take you, then I said can I call somebody and have them meet me at the police station? He said I don't want you calling a bunch of people and I did call my dad's girlfriend to meet me up there and I wanted to make another call. He wouldn't let me and he wouldn't tell me what he wanted to talk to me about and during the questioning I incriminated myself. Can that be used in court because maybe I wanted to call a lawyer? I was never told I was under arrest.

Daniel Kieth Martin · Answer

This is a very complicated area of the law. Everyone has the right to have an attorney present when the following conditions are met:  1. When they are in custody. Custody is defined as any condition where an average person would not feel free to leave. (I suspect they will say that you went voluntarily so you were not in custody)  2. When officers are asking questions that are intended to elicit incriminating responses  If a person was not advised of their right to remain silent and they did not waive their Miranda rights and they make a statement in response to interrogation, then their statement will not be admissible in the prosecution's case in chief. If the defendant takes the stand and and makes a statement different from their Miranda defective statement then that out of court statement is admissible.

James Schoenberger · Answer

It's complicated. If you were not free to leave, or reasonably felt you were not free to leave, then you were under "custodial" arrest and should have been read your "Miranda" rights including the right to have a lawyer present. If you were read your rights and waived them, your incriminating statements can be used against you.

Michael J. Breczinski · Answer

They will try to use the statement against you saying that you were not under arrest but maybe a judge will agree that you felt that you had no choice but to come down and felt that you were not free to say no.

Cindy L. Barton-Coombs · Answer

This sounds confusing.  If you were asking for an attorney and they did not provide you one, that will likely be suppressed.  Were you given your Miranda warning that you did not have to speak to them?  If not, your statements may be suppressed because of that.  Get an attorney to help you now.  Good luck.

Michael Garber · Answer

You have to specifically tell the cops you don't want to answer questions without a lawyer present and then keep your mouth shut.

Jason Savela · Answer

These arguments to suppress are very fact specific, but it is possible that the court finds that you are in custody and would require miranda warnings prior to questioning.

Seth Schraier · Answer

If it is clear that you are not and were not involved in any criminal activity and you wish to help the police, it is fine if you answer questions the police ask. But, if you believe the police suspect you of committing a crime or even if you are not sure whether you are a suspect, the best thing to do is remain silent or tell the police you don't want to say anything without first consulting an attorney. The danger of answering questions is that people often reveal information that can be used against them later without even knowing it.  If you have not been arrested the police do not have to read you your rights. The rights referred to are you Miranda Rights.These rights are intended to inform people of their right to remain silent and their right to have an attorney present if they talk to the police. You only need to be read your Miranda Rights if you are in police custody.  So the question that remains then, is if you can be considered to be in police custody.  If you were brought to the station, and did not feel that you had the freedom to leave the station, then you can argue that you believed you were in custody, and so any questions the police asked you should have followed a reading of your Miranda rights.

Craig Elhart · Answer

If you were the focus of the investigation you should have been advised of your rights prior to questioning.  If you told the police you wanted to speak with an attorney, questioning should have stopped.  You should speak with an attorney about the facts of your case to determine what action can be taken.

Frances Ruiz · Answer

It depends on the statement you gave and at what point it was given.

Thomas Tomko · Answer

You need to ask to speak "with an attorney" to evoke the right to havce an attorney present during questioning.  A general wish to make a call may not be enough.  Why would you call a friend and not an attorney?  They were not an attorney, based on your desctiption.  Also, you have to be in custody for miranda to apply  The facts in your case are critical to any analysis.  You should immediately hire an attorney to review your case to determine what defenses may be available.  I hope that this was helpful.

Louis Leibowitz · Answer

Unless you specifically asked to speak with a lawyer, your statements probably can be used against you in court. You should contact a lawyer immediately to discuss the details of your interaction with the police.

Cynthia Henley · Answer

You were not under arrest. Under arrest means you have no choice but to go to the station. Even though the officer kind of coerced you, you could have said no. Therefore any interrogation was not made while you were under arrest and Miranda does not apply. You were not entitled to a lawyer.

Jared Altman · Answer

No. You made the statement before you were under arrest (maybe), so he didn't have to tell you that you had a right to a lawyer. But, you can argue that you were actually under arrest much earlier and possibly get the statement suppressed.

Paula Drake · Answer

If the facts show that it was a custodial interrogation, he should have advised you of your rights (including the right to remain silent and right to counsel) before he questioned you. There could be a Miranda violation and your lawyer could seek to suppress the incriminating statements. It will depend on the issue of whether or not the interrogation was "custodial". If he gave you the choice of not going with him, told you that you were free to leave, told you that you did not have to talk to him, this would tend to show that it was not a custodial interrogation. If, on the other hand, he said you had to go to the police station, had no choice but to go now, or other things that would indicate you were in his custody, it could be argued that he should have read you your rights before questioning. Best to call an attorney for a consultation and discuss the facts in more detail.

Eric Sterkenburg · Answer

When the police detective took you to the station to ask you some questions that was a custodial interrogation. Before the police do a custodial interrogation they are required to tell you your rights. The most important of these is the right to remain silent and the right to have an attorney. The detective should have read these rights to you. If he did read you your rights and you waved them then everything you said during the questioning may be used against you in court. If you did not wave your right to an attorney then the detective violated your rights. Asking to make a phone call is not the same as requesting an attorney. You had the right to have your attorney present at the time the detective was questioning you. If your attorney can prove that your right to an attorney was violated then everything you said during the interrogation cannot be used against you in the D. A,s case in chief. Additionally any evidence that came from your answers will be excluded as fruit of the poison tree.

Mark R. Thiessen · Answer

Search and interrogation are highly technical and you need a skilled trial attorney in your area to fight this with everything you got.

Jules N. Fiani · Answer

If you were not told that you were under arrest, then you should not have gone. You needed to have requested a lawyer at the time.

Edward Blum · Answer

Couple of issues: First, if you felt like you were not free to leave; if you were intimidated by the police and were not read your Miranda rights you may be able to suppress your incriminating statements.  It depends on the totality of the circumstances; including your age.  If you were read your Miranda rights and you continued to talk it is unlikely that the statements can be suppressed.  Second, your right to counsel does not commence until you are arrested.  So if you felt like you were not free to leave you may have had a right to an attorney present during questioning.  The courts have ruled that in order to exercise your right to counsel, you have to affirmatively state that you are exercising your right to counsel.  If you did not, it may not apply.

Theodore W. Robinson · Answer

A valid argument can be made that you had asked to speak to a lawyer, but it  will remain up to a Judge as to whether or not the Judge believes you or agrees  that your intention was to call a lawyer if you were indefinite about saying you  wanted to speak to a lawyer - in those words. Unfortunately, most Judges  consider those to be the "magic words" that must be spoken to have your rights  kick in when you have not yet been given your Miranda warnings.  Hire the best experienced criminal lawyer you can find and go over the facts and  details with him/her and see what can be done for you.

Stephen Freeborn · Answer

If you were given your Miranda rights prior to questioning and you gave up those rights and answered the detectives questions, you could have a big problem.  Hire an attorney who can help you with the issue.

Carina Laguzzi · Answer

The laws on Miranda and when you have to be advised about whether you need a lawyer are not can be complicated and have recently changed in some jurisdictions because of new US Supreme Court decisions that have come down in the last year.  Hire an experienced criminal defense attorney and do not talk to the authorities again unless your attorney authorizes it.

Jacob P. Sartz · Answer

I'd recommend you retain an attorney to assist you with this matter. If you cannot retain an attorney, the court may appoint you one at the public's expense.   Speaking generally, if the police wish to interrogate a suspect while that person is in custody, they are required to advise the suspect of their Miranda rights. Miranda rights include the right to remain silent and the right to council. Most police departments provide a written notice of Miranda rights. However, Miranda rights may be waived. If there are any issues with a custodial interrogation, any statements from that interrogation may be suppressed through a timely and properly filed and argued motion to suppress. It all depends on the circumstances.

Jared Austin · Answer

You can certainly make that argument. It's determined on a case-by-basis basis whether or not you were in "police custody" i.e. not free to leave, regarding whether Miranda warnings should have kicked in. From your version of the events, it sounds like you could make a good faith argument for it. You will need to retain an experienced criminal attorney to review the police reports and evidence against you in order to determine a course of action. Your attorney could file a motion to suppress and dismiss if any charges have been filed against you as a result. Consult with an attorney soon.

Gary Moore · Answer

But you were under arrest. You had no choice except to go with the detective; he need not say "You are under arrest." for you to be under arrest. You have a strong motion to suppress your statements to the detective. You need to hire an experienced and skilled trial attorney.

Jeff Yeh · Answer

You were never arrested, so no rights ever attached. Without an arrest, everything is consensual.

John Bussman · Answer

If you're not under arrest, you have no right to talk with an attorney. Technically, you were probably free to refuse to go down to the station. Just because you ask for an attorney doesn't mean that the police are going to provide you with one, but clearly and unequivocally stating that you refuse to answer questions without an attorney should immediately stop the interview process.  Commonly, people demand an attorney, but then they start talking anyway.  There are a lot of issues here and it's hard to really evaluate them without knowing what you said and when you said it.  You should immediately contact an attorney and stop talking to the police.  They aren't your friends.

Todd Landgren · Answer

Miranda rights (if they were not given) apply when a "reasonable person would feel they were not free to leave) So, a good attorney should look at this.

Eric Rothstein · Answer

You are only entitled to a lawyer if you unequivocally asked for one. The police didn't have to read your Miranda warnings unless you were in custody and being interrogated.  If the police read you your rights, did you waive them.

Michael Palumbo · Answer

"Maybe I wanted to call a lawyer?" is not telling the police "I want a lawyer." Those are the magic words - "I want a lawyer,” NOT, I want to call "someone." Furthermore, since you were NOT UNDER ARREST until AFTER you made the incriminating statements, what the police did was totally legal. Your statements will likely not be suppressed for trial.

Keeley D. Heath · Answer

If you were in custody and they wouldn't let you go, and didn't ever advise you of your Miranda rights, then you may be able to suppress the incriminating statements.  The question will revolve around whether or not you were "in custody" under the law.

Kenneth Wincorn · Answer

You have to affirmatively state that you want a lawyer.  There may be other issues if you were not read your Miranda rights.

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Should I have been provided an attorney for police questioning?

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