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You have the right to refuse to answer questions at any time even without a lawyer, If you have ever heard the term " take the fifth " it has nothing to do with booze. The 5th amendment to the constitution gives you the right not to incriminate yourself by answering questions. A lawyer is useful as a go between when questioning is going to take place as they will help you decide what in fact is incriminating. If you are not in custody, a lawyer cannot stop the police from making a voluntary contact and having a conversation with you. Your 5th amendment right does not attach until you are taken into custody. The lawyer does not stop the police from the questioning, after invoking your 5ft amendment, the police are required to stop at that point and either send you to jail or unarrest you. Most officers will not wait for a lawyer to show up, before you are questioned, because most lawyers don't care about the truth, they just tell their clients to not say anything. Lawyers are useless, when you are first arrested, because you can assert your own right to silence.
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∙ 16y ago
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When the person is arrested who questions the arrested person?
When a person is brought in for questioning, but is not yet under arrest, the police detectives question the person. However, preliminary questions might be asked by any police officer, for example, a Patrol Officer who pulls over a person suspected of drunk driving. Once a person has been arrested, the situation might change dramatically. If the person does not "lawyer up" by requesting a lawyer, the police can continue questioning the person. The police are supposed to Mirandize (give the Miranda Rights) to a person before questioning or arrest, but sometimes officers fail to Mirandize. If a person asks for a lawyer, all questioning must stop until the lawyer arrives. I believe a Prosecutor or Assistant Prosecutor can also ask a suspect questions as a "Court Officer". But, again, Miranda is important. Without being given one's Miranda rights, any disclosures or verbal and written statements a person makes could be thrown out and barred from trial evidence.Another View: SHORT ANSWER to the question that was asked: ANY investigating officer assigned to the case, regardless of title or rank, can question an arrestee.
What is the explanation of section 12 Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and indepe?
It's called the Miranda Warning. It means if you're suspected of committing a crime, before police question you they must tell you that you aren't required to talk to them or answer their questions and that you have the right to ask for a lawyer. If you can't afford a lawyer you will be assigned a public defender by the system. What's not called out explicitly is that if you ask for a lawyer the police must stop questioning you.
Which supreme court case police officers are not allowed to randomly stop citiziens for questioning when they don't suspect them of breaking the law?
Brown v. Texas
Can the police stop a minor and handcuff him with out the parents present?
Yes, this is known as a detainment. However, unless the Police witnessed you committing a crime, are about to commit a crime, or have committed a previous crime, then this detainment would be considered illegal. Police, however, cannot question a minor child without a lawyer, guardian ad litem, or a parent present during the questioning. Failure to do this, which later your statements result in your arrest, is considered fruit taken from poisoned tree and can be thrown out or suppressed by a judge.
How do you use the word detain in a sentence?
for example: 'i will have to detain you for further questioning' it means to stop someone..to keep someone from their future activities. a policeman might say this to the person he has arrested.
How are the ball and socket joints configured?
they just are stop questioning it!
Can your 16 year old be questioned at school in Michigan after requestig the presents of her parents?
Of course you can continue to be questioned, however, anything you say cannot be used against you in most circumstances. In theory a minor cannot be questioned by Police without the presence of a lawyer or legal parent/guardian. A school official though, does not need your parent present to question you, but you do have the right to request him/her to stop questioning you until a parent arrives.
What is an example of a scientific motto?
one good thing to do is to never stop questioning...
What was said by Albert Einstein?
The Important thing is not to stop questioning. He said that about light.
Does a police officer get to do a no stop at a stop sign in a police vehicle not in a chase?
The police should obey the law just like everyone else.
How do you know if you can trust your boyfriend?
Coming from a girl When you stop checking up on him:D Plus to stop with the questioning of where is at and why:) But not to the point where you care anymore! Lol
You see a lot in the movies police warning suspects not to leave town Do police actually have the power to stop you?
Under most circumstances, no, they can't stop you from leaving town, for instance, for vacation or to go to work (lots of people live in one town but work in another) unless they have a warrant for your arrest or subpoena of some sort, but if you are a suspect in some crime or otherwise wanted for questioning and you leave town to avoid it, you become a fugitive.
