Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?

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Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?

No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and to have an attorney present during questioning) so long as the questioning is merely investigatory and you believe that you are free to go and you have not been formally charged. Even if you are arrested, there is no requirement that you have an attorney present before answering police questions. A suspect is free to waive his or her Miranda rights and voluntarily speak to the police without an attorney present. However, once you ask for an attorney, the police, under the 6th Amendment of the United States Constitution are prohibited from asking you any additional questions until your attorney is present.

Other Arrest Information FAQs

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A: After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of … More
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