Can evidence be used against me if I asked for a lawyer but did not get one and the questioning continued?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
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