A Warrant Has Been Issued For My Arrest, What Does This Mean?

Fri, 21 Dec 2007 21:40:23 GMT

If you have a warrant out for your arrest, this means a judge has issued an order allowing law enforcement to take you into custody.

Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?

Thu, 27 Dec 2007 17:27:03 GMT

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.

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

Tue, 22 Apr 2008 20:09:05 GMT

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.

How Do I Know If I Am In Custody?

Thu, 27 Dec 2007 12:15:00 GMT

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 are formally in custody and you are not free to go.

How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?

Mon, 21 Apr 2008 21:45:30 GMT

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 environment.

On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely considered to be legally in police custody and therefore being interrogated.

Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present. However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn't been given because Miranda rights only attach to custodial interrogations.

I Have Committed A Crime; Do I Have The Right To An Attorney?

Thu, 27 Dec 2007 18:10:06 GMT

The sixth amendment of the United States Constitution gives all individuals who have been accused of a crime in a state court to have the court provide an attorney if they cannot afford one as long as the individual is facing time in custody (jail time).

I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?

Mon, 21 Apr 2008 21:46:32 GMT

Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation." An illegal interrogation is when the police conduct a custodial interrogation without having first informed the suspect of his or her Miranda rights (the right to remain silent, the right to have an attorney present during the questioning, etc.).

Even though you are "detained" by the police during a routine traffic stop, and not free to go, the detention is brief and the encounter occurs in public. The Supreme Court has ruled that this kind of detention does not amount to a custodial interrogation to which Miranda rights attach.

Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?

Thu, 29 May 2008 00:16:26 GMT

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.

The Police Put Me In A Line-Up But I Did Not Have An Attorney, Is That Legal?

Thu, 27 Dec 2007 18:23:32 GMT

It is legal for the police to put you in a line-up as long as you have not been formally charged of a crime and you have not requested an attorney.

What Are My Options After The Arraignment?

Thu, 27 Dec 2007 18:49:50 GMT

Usually, after the arraignment you will either meet with your court appointed attorney or you will select a private attorney. You will usually have a month or so before your next court appearance. At that appearance, you will either enter into a plea agreement with the prosecutor or you will set the matter for trial.

What Happens If I Am Arrested?

Mon, 09 Jun 2008 20:45:38 GMT

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 your Miranda rights (the right to remain silent, to have an attorney present during questioning, etc.) at the time of the arrest. Once you are taken into custody, no statements can be used against you unless the police have read you your Miranda rights.

If you are arrested for breaking a law, the case is taken before a magistrate who may issue a warrant if necessary and set a bond for an appearance in court. If the defendant cannot post the bond he may be incarcerated pending an appearance in court. If bond is posted, he will remain free pending appearance at the arraignment.

An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge. During the arraignment the defendant is formally told what offense he is charged with, advised of their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty and the bond may be reviewed and a date for the next hearing will be scheduled.

What Is A Custodial Interrogation Requiring A Miranda Warning?

Mon, 21 Apr 2008 21:27:21 GMT

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 questions or make statements that encourage the individual being questioned to disclose important and incriminating information that might help them in their investigation and help the prosecutor in charging the individual with a crime. In order for statements made by a suspect curing a custodial interrogation to be used against them in court, the police must have already advised the suspect of his or her Miranda rights and the suspect must knowingly and voluntarily waive those rights.

What Is A Grand Jury?

Thu, 27 Dec 2007 18:17:54 GMT

A grand jury is a panel created by the court. A grand jury is composed of five to seven citizens convened to consider whether there is probable cause to believe that the person accused has committed the crime charged in the indictment and should stand trial. The grand jury also investigates and reports on any behavior or situation that involves or tends to promote criminal activity.

What Is An Arrest Warrant?

Thu, 27 Dec 2007 18:29:12 GMT

A warrant is a judge issued document that authorizes the police to conduct a search, a seizure, arrest someone or carry out a court-ordered judgment.

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