2006-10-11 10:26:10 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have a right to have an attorney present during all stages of confrontation with police. Your right to a free attorney however, usually begins when you are in custody. The point at which you are in custody is often the subject of much debate. However, many courts have ruled that if the subject is not free to leave, and/or could reasonably believe that they are not free to leave, then they are in custody. At that point, in order for anything that is said to be used against you, you have to be advised of your rights, and a lawyer provided if you can't afford a lawyer.
You didn't give many specifics, so its impossible to answer more completely. In some stages of an investigation, you may not have the right to have an attorney present, but then, you do not have to say anything to the police at any point.
2006-10-11 10:35:00 · answer #1 · answered by Phil R 5 · 2⤊ 0⤋
You can have a lawyer at any time, and you do not have to answer any question that the police ask you.
If you ask for a lawyer before they read you your rights, they will tell you that you do not need one that you are not being held, you also have the right to get up and leave. They can not hold you without arresting you, If they do, insist on a lawyer and remain silent until they get there.
2006-10-11 17:49:47 · answer #2 · answered by Joy 5 · 1⤊ 0⤋
If Police have focused on you as a suspect then you have a right to an attorney, and you have a right not to incriminate yourself even though the police are conducting an investigation. If you refuse to answer questions the investigator is going to look at you as though you have something to hide, in that event they will watch you and even follow you and make your life hell until you cooperate. You have a right to an attorney at all times and the police will normally honor those rights and probably not question you unless they have strong evidence that you are involved in the crime they are investigating.
2006-10-11 17:43:17 · answer #3 · answered by daydoom 5 · 0⤊ 0⤋
A lawyer can be requested at any time. But police may question you without reading you the Miranda rights in an attempt to gain enough information to arrest you and at that time read you the Miranda rights. But just because a cop asks a question does not mean you have to answer it.
Knowing your rights is imperative-ESPECIALLY in today's world with the patriot act and homeland security
2006-10-11 17:33:30 · answer #4 · answered by rwl_is_taken 5 · 0⤊ 0⤋
No, only during either an interrogation or trial.
2006-10-11 17:34:29 · answer #5 · answered by fozio 6 · 0⤊ 0⤋