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What can I do if I asked for an attorney and the detectives told me no because they weren't asking questions at that time?

New York, NY |

After interrogation they locked me in their departments holding cell for 8+ hours with no drinks or restroom. I asked if I was under arrest and they said no. I told them I was finished. They still wouldn't let me leave. A few or so hours after I asked for an attorney, they came back badgering me trying to get me to confess to something with their lies. You know the routine. I'm guilty of nothing but they took me to jail for the night for obstruction of justice. They were in the wrong. I believe this is violation of my constitutional rights. I would be happy to hire who can give the best advice. Especially, since my original attorney that I have always hired is the judge of this trial coming up. I obviously can't pay him to defend me.

Attorney Answers 3


  1. If your original lawyer is now a Judge, he/she is going to have to recuse him/herself from the case.
    The issue you raise is only an issue if you made any statements to the police. You need a good lawyer anyway for trial so I suggest you retain a criminal defense lawyer. I handle the cases all the time.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 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.


  2. The judge in your case should be disqualified.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. The judge will have to recuse himself as judge, and it is an open question under the rules if he can represent you or not as an attorney before a different judge ( who in turn may recuse because of knowing the judge as a judge, etc.). Anyway, a violation to right of counsel translates into, if proven, suppression of evidence obtained as a result of that violation. You state they interrogated you. The issue will focus upon whether you were deprived counsel before you were interrogated and the use of any statements made at that time.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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