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 Criminal Law FAQs
-
What are the Miranda Rights?
Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain … more -
Where do the Miranda Rights come from?
The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court … more -
When must the police read me my Miranda Rights?
The Miranda warning is usually given when a person is arrested. However, the Miranda Rights attach during any “custodial interrogation” (when a person is … more -
What do my Miranda Rights protect against during a police investigation?
In addition to advising you of your Miranda rights upon arrest, the arresting authorities must respect your Miranda rights throughout an investigation. Once a … more -
How do I know if I am in custody?
Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you … more -
What is a custodial interrogation requiring a Miranda warning?
An interrogation is a method of police questioning that occurs when an individual is in custody and is not free to leave. In a police interrogation, the police ask … more -
How do I know the difference between being questioned (non-custodial interrogation) and being interrogated (custodial interrogation)?
If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial … more -
I was pulled over for a traffic violation and questioned. Isn’t this an illegal interrogation?
Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation." An illegal interrogation is when the … more -
What happens if I am arrested?
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 -
Is invoking my right to remain silent the same thing as asking for an attorney?
No. A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney. However, these are two … more
Criminal Law Sub-categories
