Can a police still ask you some questions after asking for a attorney?

Can the police ask you a question after you have asked for a lawyer and use your answer as a "Statement"?

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Answered By: Jacob P. Sartz IV., Attorney at Law

I'd recommend you retain a lawyer. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense. Speaking generally, Miranda rights apply to scenarios where the police are interrogating a person while they are in custody. Those rights include the right to remain silent and the right to council. Those rights may be waived. If there are issues with how the Miranda rights were disclosed, then the defense may be able to file a motion to suppress and prohibit the alleged incriminatory statements from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.

Answer Applies to: Michigan
Replied: 11/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reeves Law Firm, P.C.

You need to get a lawyer on this matter now. The short answer is no, they are not supposed to, but there is a strange case out of the court of appeals that says a defendant can invoke his rights and later waive them. Accordingly, more information is needed to answer your question and this is not a proper forum for the discussion, you need one on one time with a lawyer for this matter.

Answer Applies to: Texas
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Aaronson Law Firm

Technically, once you are arrested your Miranda rights are supposed to be read to you. The police can ask you whatever they want, however, you don't have to answer them. Legally, any voluntary statements you make may be admissible.

Answer Applies to: Texas
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Cynthia Henley, Lawyer

They can ask you non-interrogating questions such as booking questions. But, if you start talking about the situation again, then you started it and not them so it would be admissble.

Answer Applies to: Texas
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark Thiessen, Attorney at Law

They can ask, but after you invoke your right to counsel all your statements IN RESPONSE TO THEIR QUESTIONS should be suppressed. But if you are just blurting out stuff, then they don't get suppressed.

Answer Applies to: Texas
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.