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If you ask for a lawyer after your miranda rights but told you that you don't need one, you are not under arrest is that legal?

Ballston Spa, NY |

If you are lied to in order to get a statement from an out of state detective so that you can not obtain a lawyer is this legal? Is it legal for the same officer to stop the recordings so they can lie to a person to there face and then restart the recording as if nothing was said is this legal? Can out of state law enforcement request someone be held against their will by a local agency so they can obtain a warrant from a judge from another state when a person was denied the right to an attorney? At what point does this become an infringement on a person's civil rights? Do police have the right to lie to a judge and District attorney in order to make a case stick? At what rate will police go in order to destroy a persons life just so they can look like the top cop?

Attorney Answers 3

Posted

You always have the right to remain silent and to a lawyer whether you are under arrest or not.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

You raise a number of issues which you should discuss with your attorney.
However, there are court decisions that say it is OK for the cops to lie to you the suspect. There are cases dealing with the issue of improper advisement of rights . No cop should lie , under oath, to a court.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

If you are being questioned while in custody and ask for a lawyer, the questioning must stop. I see no reason why the law should be any different just because you are not in custody. As a practical matter if you are not in custody and you want a lawyer, what is preventing you from leaving? Nothing. You need a well qualified criminal lawyer. Most police announce the time they are starting the recording and the time they are stopping each time it is started and stopped. If the officer did not follow this practice, this is at least one matter that the defense attorney can cross examine about. There may be many other approaches to cross examining the officer. Effective cross examination will be crucial to showing the officer is not being honest about certain things.

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