I'd recommend you retain a lawyer. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense. Speaking generally, Miranda rights apply to scenarios where the police are interrogating a person while they are in custody. Those rights include the right to remain silent and the right to council. Those rights may be waived. If there are issues with how the Miranda rights were disclosed, then the defense may be able to file a motion to suppress and prohibit the alleged incriminatory statements from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.

Answer Applies to: Michigan
Replied: 11/7/2011

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The police should stop asking any questions ones you've asked for an attorney. However, if your not detained nor in custody [note: custody can be more than simply being handcuffed/jail e.g., police not letting you leave] then the police may attempt to question you claiming that they are simply investigating and have not charged nor arrested you. However, you have the abolute right to not say anything and should exercise it because anything you say can and will be used against you.

Answer Applies to: California
Replied: 10/27/2011

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Once you unambiguously request an attorney the police are supposed to stop questioning you. If they don't, any statement you make (assuming you are in "custody") should not be admitted into evidence.

Answer Applies to: California
Replied: 10/27/2011

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Yes the police do and often attempt to elicit statements even after someone hires an attorney. Never discuss anything with the police no matter what they say or how much they try to make you talk. Your attorney will have to determine if those statements you made are admissible.

Answer Applies to: California
Replied: 10/26/2011

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It depends on whether or not you were under arrest or in a custodial interrogation situation. If you were, then your request for an attorney is usually viewed as a refusal to make a statement, and an unwillingness to do so. If this situation is present in this case, you should consult an experienced Attorney to analyze the entire set of circumstances. He can then advise you on how best to defend against unlawful interrogations and their harmful effects.

Answer Applies to: California
Replied: 10/26/2011

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Once you invoke your right to an attorney, the officer cannot ask you any further questions. Doing so is a violation of your constitutional rights and may lead to a dismissal of charges.

Answer Applies to: California
Replied: 10/25/2011

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Once a suspect asks for an attorney and invokes their Sixth Amendment right to an attorney, all questioning must cease. Any statement taken afterwards should be ruled inadmissible in court. There was a practice done by the police years ago where even after a suspect invoked their rights, they'd keep questioning, hoping to lock somebody into a statement. That has been severely frowned upon by the California Supreme Court.

Answer Applies to: California
Replied: 10/25/2011

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It depends when you asked for a lawyer. For example, if you have not been arrested yet, the right to a lawyer doesn't apply, and all contact is consensual (ie. you are free to walk away). After an arrest is made, all questioning must stop when the suspect asks for a lawyer.

Answer Applies to: California
Replied: 10/25/2011

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After you request an attorney the police are not allowed under law to keep questioning you. If they do and you say something that can be used against you then that statement is not allowed to be used against you in the prosecution case. Any evidence that was obtained because of the statement cannot be used either. This is all assuming that your attorney objects to the evidence and statement.

Answer Applies to: California
Replied: 10/25/2011

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No. If they try to, tell them you have requested an attorney and remind them politely that they have to stop asking questions.

Answer Applies to: California
Replied: 10/25/2011

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If you have asked for an attorney and they keep questioning you they cannot use any incriminating evidence from your statement. However, proving that they kept questioning you after giving a Miranda warning will not be easy.

Answer Applies to: California
Replied: 10/25/2011

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They can, but whatever you say won't be admissible.

Answer Applies to: California
Replied: 10/25/2011

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Yes they can. There was a time when they couldn't do this. As soon as you said that you want a lawyer they had to stop. As the Supreme Court got more and more conservative justices some cases were decided that said if officers asked you more questions and you answered then you were indicating that you changed your mind and you wanted to waive your right to have an attorney present.

Answer Applies to: California
Replied: 10/25/2011

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