Can Delaware Police Question You After You Ask for a Lawyer?

When a suspect is interrogated by police, it can be a nerve-wracking situation, especially if they’ve been accused of criminal activity. One of the most important rights you have is to have a lawyer present during your interrogation. A natural question emerges: can police continue to interrogate them without an attorney after they’ve requested one?

This largely depends on several factors, including whether someone was in custody, whether they invoked their right to an attorney, and who initiated the communication.

Your right to an attorney during custodial interrogation

The Fifth Amendment protects against compulsory self-incrimination. Under the U.S. Supreme Court ruling in Miranda v. Arizona, police generally must warn a suspect of certain rights during custodial interrogation.

Generally, these warnings include two points: the right to remain silent and the right to have a lawyer present during the interrogation.

If one invokes the right to a lawyer in the process of custodial interrogation, the police generally cannot conduct the interrogation regarding the crime anymore. According to the ruling of Edwards v. Arizona, the police must stop questioning you and provide an attorney for the interrogation.

You must clearly ask for an attorney

The way a suspect makes the request can matter.

In Davis v. United States, the United States Supreme Court considered the above-mentioned question. In this case, the Supreme Court decided that officers are not obligated to stop questioning even if a suspect says something unclear or ambiguous about an attorney.

Saying something like, “Maybe I need an attorney,” may raise the question of whether the suspect invoked the right to counsel during questioning. By contrast, saying “I want an attorney” creates much less ambiguity.

After invoking this right, several constitutional limitations apply to police-initiated custodial interrogation.

What if you start talking again? 

Asking for an attorney does not mean you can’t voluntarily talk to law enforcement afterward. Any statements you make can be used against you. You should remain silent until your attorney arrives. You can then start talking to law enforcement again.

However, if officers improperly start an additional interrogation after the suspect invoked their right to an attorney, those statements that were made could be questioned. A suspect can, however, voluntarily waive their right to have an attorney present if they start talking again.

This is why someone who has asked for an attorney should be careful when discussing the case with the police.

What happens if police violate your rights? 

Just because there was a Miranda violation, it does not mean that the whole case against the accused will automatically be dismissed.

Instead, the defense lawyer may ask to exclude any improper statements. When courts evaluate whether to consider a motion like that, they may look at whether the person was in custody, whether the questioning amounted to an interrogation, whether there was a clear request for legal assistance, and whether the waiver was voluntary and informed.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today 

You should always invoke your right to an attorney during a criminal investigation. Michael W. Modica has helped hundreds of clients protect their rights while being questioned. Call our Wilmington, DE, criminal defense lawyers today to schedule an appointment, and we can begin protecting your rights immediately.