Home LawSmart Library Discussion Boards F.A.Q.'s Law Books The Document Center
Legal Document Center

Let us help you find what you are looking for today. Fast, reliable and convenient.


Enter one or more keywords to search; e.g. drunk driving

Find the right attorney - over 600,000 listings
1)   2) Area Code   Or, City and  
Rate this information

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

1 2 >>

LawSmart Home  |   About LawSmart  |   LawSmart Library  |   Legal Document Center  |   Contact LawSmart
Privacy Policy  |   Terms and Conditions  |   Sitemap

  |  Legal Forms   |  FAQ