What is the proper terminology for police to make contact with defendant without his attorney present?

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What is the proper terminology for police to make contact with defendant without his attorney present?

Detectives contacted me without my public defender having been notified first. I’m trying to find the right name and motion form.

Asked on March 28, 2012 under Criminal Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Not sure if you meant by Miranda rights or improper communication? An attorney cannot communicate with a person with know legal representation in the same action unless consented by the representing attorney or authorized by a court order. A detective si not a legal counsel and is not bound by this rule unless he is acting under the instruction of the city attorney. You will also have Miranda right to counsel at the time of the arrest. The police cannot interogate you without counsel presence.

If a formal charge has been filed, you would also have a sixth amendment right to counsel protection. The police cannot investigate without your counsel presence. It is generally called Massiah doctrine. One more thing, the police can contact you for things other than the trial. They cannot contact you without counsel presence with regard to anything related to the trial.


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