If you are arrested, or picked up for questioning, how long can you be held before you are allowed a lawyer?

Question

As I understand it, once you are actually arrested, you have the right to an attorney, but if you are simply picked up for questioning, how long can they hold you (if you don't want to or can't answer the police's questions)? Do you have to be arrested to ask for an attorney?
Please note: I'm just curious! (I've never been arrrested, or even close!)

Answer 1

There are several different situations covered by your question.

If you are asked to come down for questioning, you are technically free to leave at any time that you want. If you ask to leave, they either have to arrest you or let you leave.

If you are arrested, they have to read you your rights before questioning you. If you clearly and unambiguously ask for a lawyer, they have to stop questioning you.

Typically, once questioning has stopped, barring unusual situations, you will be given access to a phone soon thereafter.

Finally, there is the question of how long they can hold you before you have to be brought before a judge or without charges. Excluding the unusual federal situation with "material witnesses," this varies from state to state but typically has to be within 48 hours (excluding weekends).

Answer 2

nicely i presumed it became 40 8 or seventy two hours to be held without being formally charged. as far as getting an legal expert, why interior the hell might he watch for an arraignment? Arraignment is while they study expenditures and ask for a plea of responsible or not responsible. If it became me, i might hire an legal expert that deals with the detention center or a minimum of is conscious the city's attractiveness. i might do it at the instant. permit's look at it like this: what in the event that they arrive to a decision there is not sufficient data yet so as that they're going to wait till extra comes around previously they actually record criminal expenditures. Then what? Will he wait indefinately previously they proceed? i think of it relatively is a risk in a small city, and worse. hire an legal expert at the instant previously any (extra) of his rights are violated. area of the form is due technique and rapid trial!

Answer 3

This is how it works at my department:

Person gets arrested.
They are transported to the station for booking, and for me to write my affidavit.
If I want to question them I read them them rights-
If they waive their rights we talk about the case, if not I don't ask them anything further.
They are transported to the county jail. Once the are booked in there, then they can contact whomever they like including their lawyer.

Time frame is usually no more than four hours, start to finsh.

You have a right to an attorney during questioning, not just because you have been arrested.

Answer 4

Technically if you are not under arrest, you don't have to go with them. A lot of people don't realize that when you are plled over and a cop asked to search your car you can say "NO." Unless of course your on probation or parole. You don't have to open the door to your house either. Unless they have a search warrant. But the minute they say, "your under arrest." Don't say a word except, "I want a lawyer." But if your arrest for DUI, or drunk in public it's not gonna happen. You will go to jail, because basically, they already know your drunk and don't have to ask you anything.

Answer 5

It is always your right not to speak to the police. If the police pick you up for questioning, then you are in police custody and generally are not free to leave. Miranda applies at this point and you must be read your rights prior to questioning. Your rights tell you that you have the right to an attorney prior to questioning. But, just because you may not be read your rights in a non custody situation, does not mean that your rights don't apply. The police just aren't required to read them to you. To answer your question, you are allowed an attorney prior to questioning if you request one.

Answer 6

Simple question, contrary to what TV shows do with their "hold them for 72 hours":

Once you invoke your right to council, questioning must stop.

And if they have no Probable Cause to arrest you...or Reasonable Suspicion to hold you for other evidence recovery reasons.. you must be released immediately.

And that is the law.

But, the can of worms is Federal Charges.

The Fed's can hold you for many reasons.... for a very long time for dozens of appellate rules that only apply to Federal Court. Ahhhh, I love that. I wish all of us local police could do that!

Answer 7

It depends upon the state -- each jurisdiction can have different rules with regards to holding an individual without charging him/her with a crime.

In many areas -- the time limit is as short as 24 hours. . . in some areas, the courts will allow a holding for any time deemed appropriate in the satisfaction of a due interest in the wrongdoing of another, without undue delay . . . meaning -- in some places, the police can hold you until they decide whether or not they have enough evidence to charge you.

Answer 8

you don't have to answer any questions at all....nor go with them to the station if you choose not to....if you're picked up(arrested) or detained at an (incident) for questioning....you can answer questions so long as you want to...especially if you're innocent....a detainment probably means in most cases that you may be a suspect...so be careful....inquiry stops will are usually short because they have to be ....a reasonable standard will be applied by the courts if it ever gets there

Answer 9

NEVER open your mouth to say ONE word without an attorney's approval, even if it's just "questioning," no matter what they say.

Answer 10

good advice at the link below
Cheers