What happens if your interrogated and ask for a lawyer and they don't give you one?

Question

My boyfriend and I took pollygraphs and after wards the two detectives questioned us (sepratly). My boy friend said that he asked for a lawyer and the detective just kept asking questions. Why would they do that and is it legal?

We are involved in a CHINS case and wanted to prove to them that the y where just being lazy and not wanting to look for the person that commited the crime. this person is on the run from the military for being AWOL and has been running from this case.

Answer 1

The right to an attorney is granted under Miranda Law, but Miranda Law only becomes your right if you are being arrested. Otherwise, you are required to surrender any information you have to the police, or else be charged with obstruction of justice. The only reason you need an attorney is if you are being accused of something, otherwise you do not need one. And cops are not lazy. There are over 750,000 law enforcement officers in the US, and granted there are bad ones, but they do not last long and all the rest of us risk our lives just walking behind the badge for the safety of thousands of people who hate us. Over half a million of us do the job right, and proudly, and seldom with any thanks. There is no way someone who is not a cop could possibly judge an officer, they have no idea what we do as a part of a daily regiment.

Answer 2

You don't provide enough details. Were you and your boyfriend Mirandized? Were you under arrest? How did you wind up at the station, did you drive there or were you brought there by the Police? Once you were there did the Police allow you to have smoke breaks, go to the bathroom without an officer following you into the restroom, etc.? Were you eventually arrested after the interview or were you allowed to leave?

Miranda and your right to an attorney are only required if you are in custody and being questioned about a crime. If both of those are not present then you don't have a right to an attorney.

If you and your boyfriend were in custody then anything he said after he asked for a lawyer would not be allowed in court.

I don't have enough details to give you a better answer then that.

Answer 3

First of all, you would really need to consult an attorney to determine if what happened in your specific circumstances was legal or not and how the legality of all this might or might not affect your case. But in general, a person who has been arrested or detained by the police and who asks for an attorney prior to or during questioning by law enforcement is supposed to have counsel made available before any more questioning is done; if this procedure is not followed, any information given may be able to be suppressed at a future court setting.

The main factors used to determine if improper custodial interrogation has occurred that might make the results of the interrogation subject to suppression are typically these: 1) Was the questioning improper or coerced? Did the suspect really ask for an attorney and have his request ignored? Did he only answer the questions because of some undue pressure placed on him by the officer? The answer here is not always as black and white as it sounds, and what your boyfriend told you he said may not quite match up with what's on the recording of his statement. 2) Was the person in custody when being questioned? Just because you're at the police station doesn't mean you're under arrest--if you came there voluntarily and they let you leave after being questioned (or even if they didn't, but they didn't place you under arrest until after the questioning concluded), you may not have been in custody at the relevant time. The full answer's a little more complicated than this, but basically, the police can question you about anything they want without you being given the opportunity to get a lawyer as long as at the time they're doing it, you're free to leave if you want to. 3) Was the suspect actually being "interrogated"? Conversation initiated by the suspect, such as, "Look, just let me explain what happened..." or, "Yeah, I took the money--what else do you want to know?", do not constitute interrogation just because the officer follows up the suspect's intitial statement with some questions. Other situations not considered "interrogation" include: basic information gathering, such as name, date of birth, driver's license info, what the person is doing, where they're going when stopped on traffic, initial efforts to determine if a crime occurred, questions asked to ensure the safety of the officer or another person, etc.

So, there is no simple answer anyone can give you in this forum--this is a very fact-specific area and the true answer's going to depend on the how, when, why, and where of the questioning. A good attorney should be able to sort through the facts and determine whether there's any legitimate legal issue here to be raised.

Oh, and polygraphs, by the way, are actually more typically used to narrow down the list of suspects in a case where the ID's in question (say an employee theft where there are four possible suspects who had access to a cash register or safe) than for anything else--they're certainly not going to be used as the mainstay of the prosecution's case.

Answer 4

your Miranda rights were violated by what is called custodial interrogation. they have to inform you of your rights to talk or call a lawyer unless you volunteer information and they can keep asking questions.

they should tell you you are being suspect of the crime(s) of----- do you want to talk to us now or call a lawyer?

in Oregon v Haas 420 US 714 (1975)--after being advised of his rights the defendant asserted them nevertheless the police refused to honor the defendants request for a lawyer the court ruled the incriminating evidence could not be used for court purposes

furthermore the court has reiterated the Miranda warning not so liberty as before and in Edwards v Arizona 451 US 477 (1981) once a suspect expresses his desire to deal with the police only through counsel, the suspect may not be subjected to further interrogation by the authorities until counsel has consulted them or made available to them or unless he himself elicits further communication, exchanges, or conversation with the police---so ask for counsel and shut up

Answer 5

in easy terms law enforcement officers can "interrogate" human beings interior the criminal experience of the notice. the keep protection is a private entity and is not concern to the comparable constraints. Their strikes consequently seem to have been justified by way of fact the youngsters had merchandise of their possession that they had not paid for - the quantity in question isn't appropriate. If something, you need to be happy that those young ones weren't grew to become over to the police. if that they have been, that they had have archives following them around for something of their lives.

Answer 6

Help, So the cops had a search warrant for my house, when they came in i asked to see that, which they provided me with. then I asked to see a laywer 2 times without them stating i was charged with anything or detained. They read me my Miranda rights, and told me i am not arested, they had me in a car and i asked to see laweyer again. he asked a question i stayed silent, asked again i said no, then i was silent, then i wanted to seek counsel again. No at this time i have medications in my system, for PTSD while deplyed to afghanistan and other medications in my system, so i told him a story that i was accused for, but it was not about the situation that he said i was in, i told him what he wanted to hear, i did not admit guilt or say specific names just a story to get him off my back and they let me go, and they took all my belongings. 1. What does this mean, i have not been arrested and its been 5 days. 2. i talk to lawyer and they cant do anything till i get aressted. I have no idea what is going on. Please reach me at [e-mail]

Answer 7

If you are being charged for something then you are correct, if they were not charging you with anything, then it is a different story, You stated it was actually about another person. So there was actually no reason to want a lawyer unless you were incriminating yourself by answering the questions.

Answer 8

When you are being questioned you have the right to refuse to answer any more questions. You also have the right to having an attourney present, if he asked for a lawyer they should immediatly stop questions until your lawyer arrives.

Answer 9

You have a right to remain silent and you have a right to a lawyer. No mattr what they cannot take these from you. If they refuse to let you have a lawyer there while being questioned, stay quiet don't say nothing. You do not have to answer nothing. When thats over with call a lawyer tell them whats happening and take legal action against them for taking your right.

Answer 10

Depends on the situation. If they aren't accusing you of a crime, you don't have any right to a lawyer.