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 notifying you of your right to an attorney 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. However, once you ask for an attorney, the police, under the 6th Amendment of the Unites States Constitution are prohibited from asking you any additional questions until your attorney is present.

Other Civil Versus Criminal Law FAQs

Q: What Is The Difference Between Criminal Law And Civil Law?
A: Civil law involves a private lawsuit between two or more parties. Examples of civil cases include personal injury and business disputes. Criminal matters involve a … More
Q: Can Some Activities Be Both A Criminal Offense And A Civil Offense?
A: Yes. For example, if Dave decides to walk up and slug Matt, Dave may be guilty of battery in a criminal court and he may also be liable to Matt for battery in a civil … More
Q: Is Being Guilty The Same As Being Liable?
A: No. Guilt and innocence are terms used only within a criminal proceeding. Liability or non-liability are terms used only within a civil proceeding.
Q: How Could O.J. Be Found Not Guilty In His Criminal Case, Yet, Liable In His Civil Case?
A: As discussed above, the burden of proof in a criminal matter is different than in a civil matter. To be found guilty in a criminal proceeding, the state must show … More
Q: Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?
A: No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense.