Before a custodial interrogation, the police must read you your Miranda rights and remind you that you have the right to remain silent and the right to an attorney. If you assert your right to a lawyer, how does law enforcement have to respond, and what if they ignore your request?
The police cannot continue questioning you after you have expressly asked for a lawyer. Although the police only have to read your Miranda rights during a custodial interrogation, you can invoke them at any time, even during what seems like an informal conversation. If the police continue questioning you after you’ve asked for a lawyer, repeat your demand for an attorney, and tell us what happened; we may get any statements you made thrown out.
Call the Law Offices of John J. Zarych’s New Jersey criminal defense attorneys to get a free case review at (609) 616-4956.
Can New Jersey Police Question You if You Ask for a Lawyer?
Right after an arrest, or before you realize you are even being questioned by the police, is when you might be most vulnerable to certain lines of questioning or even to making a false confession. The police can ask you any questions they want before you ask for a lawyer if you are not in custody, but you don’t have to answer them. Once you ask for an attorney, things change.
If you ask for a lawyer, whether because the police advised you of this right or you already knew about it, the police must stop questioning you. You have invoked your Sixth Amendment right to counsel, and the police must recognize that. If you ask for a lawyer when you’re not yet in a custodial interrogation, the police may keep asking questions.
Tell us whether law enforcement acknowledged your request to contact our Atlantic City criminal defense attorneys or ignored it, and whether they continued asking you questions. Even if you answered those questions, your statements may be inadmissible because the police should have stopped questioning you, but did not.
When Can the Police Question You if You Ask for a Lawyer?
Once you have invoked your right to an attorney, the police may only ask you questions under very specific conditions.
You Waive Your Right to an Attorney
However, if you change your mind, initiate the conversation, and clearly state that you waive your right to an attorney, law enforcement may resume questioning, and your answers would be admissible evidence.
Police Ask General Questions
While police officers may not ask you about any offense once you have asserted your right to an attorney, they can ask you general questions that are not part of an interrogation, like when booking you after an arrest or asking if you want a refreshment of any kind.
How Soon Should into Police Questioning You Ask for a Lawyer?
The police need only remind you of your right to an attorney when specific conditions are met. If you are having a somewhat informal conversation with the police, for example, they would not have to “Mirandize” you.
As soon as you are under a custodial interrogation, however, the police must read your Miranda rights. That means that
- You are in custody
- They are actually asking you questions.
The moment you are detained or questioned by the police, tell them you want a lawyer, even if they have not Mirandized you or asked you anything yet. Be assertive and firm, and continue repeating that you want an attorney present for all future conversations with law enforcement.
Avoid saying anything else to law enforcement, as stress might make you misspeak.
Can the Police Question You if You Don’t Ask for a Lawyer?
Although you have the right to an attorney, what happens if you don’t ask for one and decide you want to answer questions from the police without a defense lawyer present in New Jersey?
If you do not invoke your right to an attorney after the police Mirandize you, law enforcement might keep trying to ask you probing or upsetting questions. Investigators may claim talking candidly with them could help and maybe even end in a plea deal, but you shouldn’t take this at face value.
If you are not under a custodial interrogation and are free to leave the precinct, the police don’t have to Mirandize you when they ask questions, but you are still free to refuse to answer questions or say you will remain silent.
FAQs About Police Questioning You After You Ask for a Lawyer
Why Do the Police Have to Tell You that You Can Have a Lawyer?
The police have to tell you that you are entitled to a lawyer under the Sixth Amendment and the Supreme Court’s decision in Miranda v. Arizona in 1966.
When Do the Police Have to Tell You that You Can Have a Lawyer?
The police must advise you of your right to an attorney before a custodial interrogation only. That means only once you have been arrested and they want to ask you questions.
When Do the Police Not Have to Tell You that You Can Have a Lawyer?
Routine traffic stops, fact-finding conversations during an investigation, and any other interactions that are not custodial interrogations don’t require law enforcement to Mirandize you beforehand.
What if the Police Question You After You Ask for a Lawyer?
If the police continue questioning you after you have asked for a lawyer, our attorneys can file a motion to suppress any information obtained in violation of your rights.
Why Do You Need a Lawyer Present During Police Questioning?
Without an attorney present during interrogations, you risk saying something incriminating or inaccurate that comes back to haunt you or compromise your defense. Even if you are completely confused by the police wanting to question you or a recent arrest because you are innocent, you still need an attorney to advocate for you.
What Other Rights Should You Assert During Police Questioning?
You should also assert your Fifth Amendment right to remain silent when the police are questioning you in New Jersey. Like invoking your right to an attorney, you don’t have to wait to be Mirandized to protect yourself from self-incrimination. You may invoke it during any interaction with the police, and you must actually speak out loud to invoke the right to remain silent.
Should You Continue Asking the Police for a Lawyer if They Ignore You?
Be persistent if the police ignore your requests for an attorney. Speak clearly, remain calm, and pay attention to how officers respond to you. Other than restating that you want an attorney, avoid saying anything else whatsoever to law enforcement.
For Help with Your Criminal Defense in New Jersey, Call Our Attorneys
Our Ocean City, NJ criminal defense attorneys can assess your case for free when you call the Law Offices of John J. Zarych at (609) 616-4956.
