Why are criminals allowed to see their attorney before the police starts questioning them?
80537
All of the above are right. In more detail, the US Supreme Court held that because the state (aka: police) can be coercive and overwhelming, it is too easy for them to pressure someone into a confession. This could potentially violate both the person's due process rights and their right to not say anything that would incriminate them (both 5th Amendment rights).\n\nTherefore, to balance the scales of justice, and to preserve the right to an attorney, people in custodial interrogation must be allowed to speak with an attorney if they ask. This ensures that the person being held by the police has someone there to help them and support them, and thus to ensure that their constitutional rights are protected. \n\nThe Court in Miranda v. Arizona found that because people may not know their rights, police are required to notify them of their rights before questioning, and must get a waiver of those rights before they can proceed.
589101
I think TV cop shows have sucked the brains out of most of the posters here. How sad that most people don't know how their rights work.\n\nIn short, the basic rule is that they need to read you your rights ONLY if you are under arrest (or the equivalent restraints are present) AND they question you. Equivalent restraints means a situation which would lead someone to believe that they are under arrest. (Sitting in the back of a patrol car with cuffs on).\n\nAs far as just not being free to go, the answer is no, they still don't have to read you your rights. You are not free to go during a basic traffic stop, nor are you free to go during a DUI investigation. In both cases, the police do not have to read you your rights. The Supreme Court has ruled time and again that any pre-arrest questioning during a DUI stop is legal and there is no need to read someone their rights at that time. \n\nThe thing most people overlook is the questioning. If you are arrested and they don't question you about anything relevant to the crime, they probably won't read you your rights. It's not needed.
891525
You'll be asked questions and be expected to answer them as truthfully and completely as you can...There shouldn't be opposing counsel trying to trip you up...I believe you can have your own lawyer present to protect yourself from screwing yourself over...You can probably be expected to be told, to not talk about your testimony...Then you may expect a subpoena to testify during the trial.
998100
They would like to talk to you about your involvement in a domestic case.  They will probably question you if  they do not have solid evidence showing you were involved.  They will take you into a room usually with 2 investigators and it will probably be taped and recorded.  They will read you your rights and make you sign a piece of paper indicating you understand your rights.  If you wish to remain silent you tell them so and say you wish to consult with a lawyer first.  Depending on how serious the charges are they can hold up for up to 72 hours then they have to release you.  If you can not afford a lawyer one will be appointed to you.  And public defenders aren't the greatest.  I would go in and see what is going on.  Otherwise they could put a warrent out on you for you arrest.  Rather be safe then sorry.
25656
Murder is a criminal offense and as such the accused must be proven guilty in a court of law beyond a reasonable doubt by a jury of his/her peers.  The burden of proof is on the prosecution and the accused does not have to testify.  The accused is entitled to representation by an attorney who will ensure that only admissible evidence is presented and also will cross-exam prosecution witnesses to shake their story and credibility.\n\nThe accused may get off if shown to be innocent, if evidence fails to prove guilt and sometimes on a technicality, such as unreasonable search without a warrant.\n\nOnly an attorney can advise an individual regarding the law.
995377
Well, there's the Freedom Of Infomation Act, so any one can get any infomation they want except those pretaining to state security. Even criminals make use of this before launching their activities.
507298
The 5th Admendemt protects agains self-incrimination.  The defendant has the right to counsel during the interrogation process.  MIRANDA PROCESS MIRANDA RIGHTS....\n\n\nThe right to remain silent, anything you say can and will be used against you in the court of law, you have the right to have a lawyer present during questioning, if you cannont afford a lawywe, one will be appointed for you.  Knowing and understanding these rights do wish to comtinue?
61137
ask your attorney when you are in court
199700
They have to read you your rights and tell you why you are being arrested. They cant stick you in a car and drive you to the station, then tell you.\n\nThey could loose a case against you
424026
It prevents most kinds of hearsay evidence. The defendant must be able to confront the person who is supposed to have said various things. There are many exceptions to this rule.
369268
The criminal justice system is designed to pick on the economy weak. So if you are poor and have done something wrong or are accused of having done something wrong  chances are you will either retain a badly overworked attorney  or a lawyer on the way up or out. Because the DA wants to prove how tough she or he is to the voters your the one they will try hardest to convict because your an easier to do so. If you do have some money there is a good chance you can retain legal power that actually has time to work on your case and has friends in high places that he or she has helped put in office. As a result, you'll usually either get off or a lesser sentence.
230179
They ask you this so that they don't start a relationship with a minor and end up going to jail. It's also a way to break the ice and get to know eachother.
414305
It's not a statute, it's a court rule of procedure. Discovery takes in interrogatories, requests for documents and depositions. It can include a "view" when the locus of an event cannot be seen from a public way.\n\nJust because the information has been disclosed to the party's lawyer does not mean it can be shared with a spouse of the party, since the attorney must maintain attorney-client privilege even as to a spouse.\n\nIn a criminal case, the prosecution generally has a duty to disclose evidence exculpating the defendant. The defendant, except in MA and a couple of other states and federal courts, there is no general duty on the defense to share information with the prosecutor.\n\nA defense lawyer will usually share any disclosures with the defendant. But the lawyer will tell the defendant not to disclose it to anyone else if it will affect the case when it gets out.
821126
Unless he has evidence of some sort the police probably won't do much more than come talk to you.  If they do talk to you keep your cool, be respectful, and be completely up front and honest with them.  They deal with liars every day and are trained to be able to tell if someone is lying so they will know if you are.  If there is evidence then you could be in some trouble.  Either way, it is always a good idea to have a lawyer present when speaking to the police.
444939
First off, the only time you have to have your rights read to you is if you are under arrest (or the equivalent restraints) and the police are interrogating you. The end. \n\nAdditionally, even if the officer intends to arrest you and he doesn't tell you he's going to, he still doesn't have to read you your rights. \n\nSo, what exactly is your situation? You said your lawyer told you that the police didn't have to read you your rights, but you didn't say what happened.
162701
1. You have the right to remain silent and may refuse to answer questions. Do you understand?\n2. Anything you do or say may be used against you in a court of law. Do you understand?\n3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?\n4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?\n5. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?\n6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?\n\nIf an officer does not read you the Miranda Warning, your arrest will not be thrown out of court; however, any statements you make will not be taken in as fact of the matter and are completely off the record.  That is, if you can prove that your Constitutional rights were violated.
104809
It doesn’t seem fair does it. I went through the criminal justice system last year around this time.\n\nYou can get a defense, your public defender will have you plea bargain the case out, only about 2% of cases ever make it to trial.\n\nDepending on your crime, and your mental state at the time of the arrest, the victim, and the case itself will all be key factors.\n\nIt is fair, if the public defender gives any information without your consent to anyone, including but not limited to judges, clerks, prosecutors, etc. it is a violation of the attorney client confidentiality agreement.\n\nBest wishes...and if you have the money or can get the money, fight it, call around and get the best attorney you can afford, nobody likes a bad record.