I say yes a person has all the rights to a counsel while and during police interrogation.
2007-05-03 04:10:48 · 9 answers · asked by Wendy O 1 in Politics & Government ➔ Law Enforcement & Police
The trick here is if you are under arrest or not.
Remember the difference.
If you are being detained without being under arrest, the rules change. They can use anything they gather about you during this period.
If you invoke your fifth amendment rights in a belligerent manner, your stay with them could go to the maximum allowed by the laws of the state, which could be 3 days or more.
In short, the presence of a lawyer is only allowed to you if you are under arrest.
2007-05-03 04:20:25 · answer #1 · answered by Floyd G 6 · 1⤊ 4⤋
Not only does the person have the legal right. But if he requests a lawyer, and is denied. Then anything he might have said is not admissible in court. The police are not legally permitted to deny him his rights. In fact when a person is arrested, if the police do not tell him his right as follows:
"YOU HAVE A RIGHT TO AN ATTORNEY, AND ANYTHING YOU SAY OF YOUR OWN FREE WILL, WILL BE HELD AGAINST YOU IN A COURT OF LAW" It is called the miranda rights.
If they don't tell him his rights, and he confesses or says anything to incriminate himself will not have any legal standing, and cannot come to trial. Any DA cannot prosecute under these circumstances.
2007-05-03 04:25:05 · answer #2 · answered by michelebaruch 6 · 1⤊ 0⤋
i circulate to circulate with many personalities many times. If everybody replaced into an identical, i've got faith it can be a boring international. the actuality that we've a good number of diverse personalities between human beings or perhaps in ourselves at cases! Is what makes humanity alluring. And if it desires to be stated, i'm ruling out the "psycho-i ought to inflict discomfort on others or something alongside those lines" personalities. On yet another be conscious, your question has a tendency to appeal to solutions that favors the extrovert. it relatively is merely how societal norms are set up. yet introverts are cool human beings too!
2016-10-04 07:57:38 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You don't have to answer anything during a interrogation without your counsel being present. It's in your Miranda Rights
2007-05-03 04:15:56 · answer #4 · answered by chatticathi52 4 · 4⤊ 1⤋
Of course! That's what the Miranda law is all about.
If the person being interrogated doesn't have enough brains to ask for a lawyer, that's his/her problem.
2007-05-03 04:32:39 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Yes, people should keep their mouths shut whenever they are 'forced' to accompany police officers through arrest, coercion or trickery - and anything said not also on continuous tape (as done in England) should not be allowed as evidence in a court of law.
2007-05-03 04:15:52 · answer #6 · answered by Ben 5 · 2⤊ 1⤋
You should have an attorney who is representing you present anytime you talk to any police personnel or prosecutor. If you don't you are risking your life and freedom. If you do not have an attorney present, you do not have to answer any questions. You do not have to say one word to the police or prosecutors beyond "I want my attorney." If you don't presently have one in mind, find one. They should be board certified in criminal law and have a good reputation for fighting and winning for their clients. It is worth the effort and the money if you need them. You don't need to have them on retainer, you just need to carry their card.
2007-05-03 05:22:38 · answer #7 · answered by Anonymous · 0⤊ 1⤋
ofcourse...
2007-05-03 18:09:46 · answer #8 · answered by charlie_keyz 2 · 0⤊ 1⤋
Umm, you do.
2007-05-03 04:13:53 · answer #9 · answered by thegubmint 7 · 3⤊ 1⤋