If you are being arrested and you tell the officer you want to speak to your lawyer, does he have to abide by that?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are being arrested and you tell the officer you want to speak to your lawyer, does he have to abide by that?
Asked on February 19, 2013 under Criminal Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have a constitutional right to have an attorney present for any custodial questioning after you have been arrested. Once you tell an officer that, they should discontinue questioning you. However, some will continue. If they continue after you have invoked this right very clearly, then any statements they obtain after that invocation could be thrown out. By "very clearly" I mean that there is no confusion about your intentions. If you use a phrase like "I think I might want a lawyer," then it can be argued that you did not clearly invoke your right. You have to invoke the right (I want an attorney present) and stick to it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.