Can evidence be used against me if I asked for a lawyer but did not get one and the questioning continued?

UPDATED: Apr 13, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can evidence be used against me if I asked for a lawyer but did not get one and the questioning continued?

This was even after asking if I was being charged and was told no and I asked to leave and the chief said no.

Asked on April 13, 2013 under Criminal Law, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The Miranda warning (these are the rights that are typically read upon arrest) must be given when a person is taken into custody. If they are not and the suspect does not waive these rights, then if questioning continues (above and beyond questions incidental to the booking process) any incriminating information given by the suspect cannot be used against them. Here, there was a custodial interrogation (you could not leave) and you asked for an attorney (clearly your rights were not waived). Accordingly, on the face of things, your rights were violated and consequenly any incriminating evidence is in admissable against you at trial.

That having been said, there are many factors relating to the timing of the questioning (e.g. possibly you were not initially in custody even though you were are the police station), etc. At this point, you need to speak with a criminal law attorney ASAP. Thy can best advise as to your rights.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption