Can you still be questioned after asking for a lawyer?
Asked by: Robb Carroll Sr. | Last update: July 17, 2025Score: 4.4/5 (35 votes)
Right to Stop Questioning After Requesting Counsel: Once a suspect asks for an attorney, all police questioning must immediately stop. Any attempt to continue questioning without counsel present, unless the suspect reinitiates contact, is a violation of constitutional rights.
Can you be questioned after asking for a lawyer?
The lawyer's job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent.
What happens after you say you want a lawyer?
Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.
Can you call a lawyer just to ask a question?
In California, as in other states, free legal advice is available by simple calling 1-800-THE-LAW2 and getting connected to one of the attorneys in our network. In fact, we've been serving Californians and the local community since the 1980s.
What does an attorney do during questioning?
An attorney can guide you on when to answer questions and when to remain silent, helping you avoid self-incrimination. Police are legally allowed to use deception during questioning, such as claiming they have evidence or witnesses that do not exist.
How long can the police question me after asking for a lawyer
Can a lawyer find out if you are being investigated?
Police not required to inform you of any investigations. An attorney won't necessarily be able to find out either.
Can you refuse interrogation?
So, when must you answer police? That's simple: You only must answer when police ask you for your name. Otherwise, you have a right to decline answering questions thanks to the Fifth Amendment of the U.S. Constitution. This right applies whether a law officer is federal, state or local.
Does it cost money to ask a lawyer a question?
Initial Consultations: Some attorneys will ask for a fee to sit down and talk with you about your case. Other lawyers may offer a free consultation. This is usually the time spent deciding whether the lawyer can effectively represent you.
At what point can you ask for a lawyer?
It is important for you to know that if you are arrested or just being questioned by the police, you can request an attorney be present at any time.
How long before court should you get a lawyer?
It's good to do it as soon as possible, because the lawyer will have a far more time to work on your case, also you will be able to provide him/her will all the facts and so the lawyer can prepare perfectly for your case.
What should you not say to a lawyer?
- Do Not Say Anything to Your Attorney That Is Not True. ...
- Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
- Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.
How to tell if you're being set up by police?
Signs You Might Be Getting Set Up by Police
Similarly, if someone repeatedly encourages you to commit a crime or makes it easy for you to engage in illegal activity, this could be a sign of entrapment. Another warning sign that you might be getting set up is if you feel pressured or coerced into committing a crime.
Is it wise to tell your lawyer everything?
In conclusion, if you're facing criminal charges, it is important to be honest and open with your attorney about the details of your case. Attorney-client privilege ensures that the information you provide will be kept confidential, and your attorney will work to provide you with the best possible representation.
What happens after you ask for a lawyer?
Right to Stop Questioning After Requesting Counsel: Once a suspect asks for an attorney, all police questioning must immediately stop. Any attempt to continue questioning without counsel present, unless the suspect reinitiates contact, is a violation of constitutional rights.
Can a lawyer ask a client if they are guilty?
In most cases, defense lawyers do not ask their clients if they are guilty or not.
Can you be interrogated without a lawyer?
You have the right to remain silent. If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning.
How often should I expect to hear from my lawyer?
How often you should hear from your attorney will depend on the specifics of your case, but it is typically every few weeks. If a lot is happening with your health or your case is continually changing, you should contact your attorney more frequently.
What is the best question to ask a lawyer?
What are your rates and how often will you bill me? What is a ballpark figure for the total bill, including fees and expenses? How will you keep me informed of progress? What kind of approach will you take to resolve the matter - aggressive and unyielding, or will you be more inclined to reach a reasonable settlement?
Do you have to pay a lawyer upfront?
In some instances, a lawyer may ask you to pay a certain amount before they begin to work on your case. The attorney then bills his expenses and time against the retainer fee as your case progresses.
Should you have a lawyer present during questioning?
The best way to avoid falling into interrogation traps and giving police evidence to use against you is not to speak to the police without first consulting with a lawyer. Contact us for more information. Eisner Gorin LLP is based in Los Angeles, CA.
Will lawyers answer questions for free?
Everyone should have access to an attorney to help them navigate legal issues. The State Bar funds legal aid organizations throughout the state that provide legal services to Californians who have low and moderate incomes.
Can you just walk out of an interrogation?
You can say, “I do not want to talk to you” and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away.
What do the police not want you to know?
Right to Remain Silent
This right is probably the most known of all. You have the right to remain silent when being questioned by the police. Anything you say or do can be used against you. You have the right to have legal representation at the time of any police interrogation.
How to answer questions without incriminating yourself?
Be Mindful of Your Words – Choose your words carefully during the interrogation. Avoid making statements that can be interpreted as admitting guilt or implicating yourself in the crime. Stick to simple and concise answers, and do not elaborate or provide unnecessary information.