My boyfriend was arrested for grand larceny. when they brought him in to the questioning room, (interrogation), they read him his rights, and he said, "i want my lawyer (Public Defender) the investigator guy, said, "if you ask for you lawyer you are just making this harder, and i will send you upstate if you ask again"
What could happen because his lawyer was denied to him? We are in New York State. (Cattaraugus County)
2007-11-27 13:42:04 · 11 answers · asked by Jesse H 1 in Politics & Government ➔ Law & Ethics
Once the defendant states that he wants a lawyer, he creates a "shield" from the police, until the lawyer is given to him. The police can not ask him any other questions. The only ways to take down this "shield" are for the defendant to have a lawyer, or if the defendant initiates the conversation. If that doesn't happen then any statements that he made to police will be suppressed in court. If the prosecution does not need these statements to prove their case then the case can proceed. Tell him to ask his lawyer about suppressing anything that was said post Miranda.
2007-11-27 14:24:03 · answer #1 · answered by Damien T 3 · 0⤊ 0⤋
Once he asked for a lawyer the police were suppose to stop questioning him. If they continued and HE can prove they did, then anything he said after that point should be thrown out.
The problem is that it will be his word against the cops. Hopefully once he asked for a lawyer he also stopped answering questions.
In the mean time if you can afford it hire a lawyer do not use the public defender if you can avoid it.
2007-11-27 13:47:41 · answer #2 · answered by Thomas G 6 · 1⤊ 0⤋
His lawyer wan't denied to him, he was threatened as a scare tactic for the officer to get answers. He should have been quiet and told them unless he had a lawyer he wasn't saying anything. As for a public defender, you're not going to get one of them to come to the station anyway and they won't do much to help you, who do you think signs their check anyway, think about it!
He needed to stay quiet and wait until his arraignment or until someone got him a REAL attorney.
Sorry about what happened, but when you do the crime...
2007-11-27 13:48:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Possibly, anything he said after asking for a lawyer could be excluded as evidence. If there isn't enough other evidence besides what he said after asking for lawyer, the case could be thrown out.
I assume he has a lawyer now? Time to make a motion to suppress.
2007-11-27 13:46:30 · answer #4 · answered by raichasays 7 · 1⤊ 1⤋
That's not denying him a lawyer.
BUT..... if he asked for a lawyer, the questioning was supposed to stop IMMEDIATELY. Cops are NOT allowed to attempt to persuade you to change your mind after you've asked for a lawyer.
Anything he said to the cops AFTER he asked for a lawyer should be suppressed at trial. He needs to talk to his lawyer about the exact sequence of events.
Richard
2007-11-27 13:47:22 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋
If he was read his rights, then he sould have listened to them. "You have the right to remain silent. You have the right to an ATTORNEY and if you can not afford one, then one will be provided for you. If you give up these rights then anything you say can and will be used against you in a court of law."
He should have kept quiet and insisted on his attorney being present during questioning. He can not be denied one, and he can not be sent upstate without his day in court, and should not let the interrogators bully him.
2007-11-27 13:54:30 · answer #6 · answered by dannah1129 2 · 0⤊ 1⤋
The police are notorious for threatening things like that. If he confessed to anything after he asked for an attorney then the confession can be deemed inadmissable by a judge. But it's all hearsay, his word against the cops, unless there is a videotape recording or something...good luck with that.
2007-11-27 13:50:39 · answer #7 · answered by sivdog21 3 · 0⤊ 1⤋
Anything they got out of him would be in admissable in court. I think they have to have him sign a waiver if he chooses not to invoke his right to a lawyer. If he didn't sign that, then his lawyer should get all the info they got out of him thrown out of the case. It doesn't mean the case will be dismissed it will just mean they have to use other evidence against him.
2007-11-27 13:45:49 · answer #8 · answered by Kellie 5 · 0⤊ 1⤋
The right to an lawyer is federal law. If it can be proven that he was denied legal council then the charges will be thrown out.
2007-11-27 13:46:11 · answer #9 · answered by AJ 4 · 0⤊ 2⤋
Move dwn south where the miranda laws are adhered to OR:::::
Tell him to stay out of trouble ;)
2007-11-27 13:45:40 · answer #10 · answered by Job1000 4 · 0⤊ 0⤋