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 separate rights and you must invoke both of them for both to be effective. If you tell the police you do not want to talk, they must stop questioning you. But if you only tell the police you do not want to talk they are not required to provide you with an attorney or ensure that you acquire an attorney on your own. If you tell the police you want an attorney the police must then stop questioning you until you have an attorney present. Do not ask the police if they think you need an attorney. The police have no requirement to tell you, and simply asking if you should have an attorney does not invoke your right to one, the police may continue questioning you. To ensure that all of your rights are protected invoke your explicit right to an attorney.

Other Criminal Law FAQs

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