# Asking for a lawyer during an interrogation **URL:** \ **Category:** Factual Questions\ **Created:** [January 23, 2009, 5:16pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664 "2009-01-23T17:16:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\ **Post date:** [January 23, 2009, 5:16pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/1 "2009-01-23T17:16:49Z")
Say here in the US, somebody is taken by the police to be questioned, but the person refuses to talk unless their lawyer is present; however, they don’t have their own lawyer. What happens next? I’ve heard that if you can’t afford it, you get assigned a public defender. But what if you can afford your own lawyer? Do the cops wait until you, or a friend, or family member, call around and hire a lawyer, or for the sake of expediency, if you ask for a lawyer, but don’t already have one, do you just get assigned a public defender anyway? ---
**Author:** ![Kinthalis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kinthalis/32/16084_2.png) [@Kinthalis](https://boards.straightdope.com/u/Kinthalis)\ **Post date:** [January 23, 2009, 5:43pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/2 "2009-01-23T17:43:57Z")
You always have the right not to say anything at all, and in fact it’s what you should do. So in that scenario either the cops charge you with something or they have to let you go. If they charge you then you can have access to a public defender, or you will likely have to wait in a cell for your lawyer to get there. I believe you have to be given the opportunity to contact him/her or a family member. If they don’t charge you and you still want to issue a statement to them through your lawyer, well, you’re free to go so you can just go to his office and discuss things. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [January 23, 2009, 5:44pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/3 "2009-01-23T17:44:33Z")
That’s exactly what happens, you wait. And guess where you MIGHT have t wait. In that jail cell next to thugs, murders, prostitutes, drug dealers and other such nice people who would just LOVE to thump the hell out of you. So a lot of people will talk rather than wait. I doubt they would just assign you a lawyer, because the public defender is for people who can’t pay, not for people who rather not pay. So the person questioned could come back and say he wasn’t represented correctly at the questioning. It’s a lot easier to expedite the thing by throwing you in the jail cell to wait and making a “deal” with a few of the other alledge criminals to persuade you into talking. You know something like the cops saying “See that guy we need him to talk, perhaps if you help us to achieve that goal the DA would be willing to work with you.” ---
**Author:** ![Kinthalis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kinthalis/32/16084_2.png) [@Kinthalis](https://boards.straightdope.com/u/Kinthalis)\ **Post date:** [January 23, 2009, 5:47pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/4 "2009-01-23T17:47:31Z")
I’m not saying that what **Markxxx** mentions above never happens, but I doubt it’s a systemic problem. I don’t think you have to worry about the cops paying off other people in the cell to hurt you. Not unless you are dealing with some seriously corrupt officers and you’ve pissed them off in some way. In that case, unfortunately your SOL. Which is why we have to remain vigilant and make sure our police stations are being run competently, professionally and without corruption. Because if cops get it in their head to get rid of someone, you pretty much have to get extremely lucky to both survive, and for justice to be served. the laws and the power are clearly on their side whether they are doing good (which the vast majority are) or evil. You are probably going to be held at the police station also, they are not going to throw you in a pen right away. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 23, 2009, 5:51pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/5 "2009-01-23T17:51:43Z")
> [@Markxxx](#): > > I doubt they would just assign you a lawyer, because the public defender is for people who can’t pay, not for people who rather not pay. So the person questioned could come back and say he wasn’t represented correctly at the questioning. Well, that and a lawyer is very unlikely to encourage the suspect to submit to questioning. So you ask for a lawer and the lawyer tells you to keep your mouth shut. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 23, 2009, 5:55pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/6 "2009-01-23T17:55:20Z")
You are confined until your bail hearing. Your request for a lawyer simply means the cops can’t talk to you. If you’ve been arrested, then you’re entitled to an _arraignment_. This is simply when the court informs you of the charges against you. At this time, the court will inquire about your representation and determine if you qualify for a public defender. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [January 23, 2009, 6:24pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/7 "2009-01-23T18:24:57Z")
> [@Markxxx](#): > > That’s exactly what happens, you wait. And guess where you MIGHT have t wait. In that jail cell next to thugs, murders, prostitutes, drug dealers and other such nice people who would just LOVE to thump the hell out of you. > > So a lot of people will talk rather than wait. > > I doubt they would just assign you a lawyer, because the public defender is for people who can’t pay, not for people who rather not pay. So the person questioned could come back and say he wasn’t represented correctly at the questioning. > > It’s a lot easier to expedite the thing by throwing you in the jail cell to wait and making a “deal” with a few of the other alledge criminals to persuade you into talking. You know something like the cops saying “See that guy we need him to talk, perhaps if you help us to achieve that goal the DA would be willing to work with you.” Jailhouse snitches are an ever-present threat when one’s in prison. Needless to say, one should never ever trust that sympathetic guy in the same cell who seems to be so understanding and a good listener. The problem is these snitches will often invent things if you prove stubbornly reticent. Of course, you’ll deny it in court and say he made the whole thing up, but then you would say that, wouldn’t you? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 23, 2009, 6:45pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/8 "2009-01-23T18:45:14Z")
> [@Bricker](#): > > You are confined until your bail hearing. Your request for a lawyer simply means the cops can’t talk to you. I know \*\*Bricker \*\*knows this, but for those who don’t, technically the cops \*can \*still talk to you. If they do, the prosecutor can’t use your statements in it’s case in chief. The statements can be used for other purposes, like impeachment, and physical fruits of the statement are admissible in evidence. [UNITED STATES V. PATANE](http://www.law.cornell.edu/supct/html/02-1183.ZO.html) It’s not a violation of your constitutional rights for the police to question you without advising you of your Miranda rights–the violation occurs only if the prosecutor tries to make his case based on your unwarned statements, your lawyer objects, and the court lets those statements in anyway. ---
**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\ **Post date:** [January 23, 2009, 7:03pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/9 "2009-01-23T19:03:36Z")
OK, so, if I’m understanding correctly You’re brought in for questioning. You say you won’t talk without a lawyer present, but you currently don’t have one. The cops either let you go, or hold you until you’re arraigned. At that point you get to hire a lawyer. And in case anybody is wondering, no, I’m not in any legal trouble. I’m just curious. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [January 23, 2009, 9:30pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/10 "2009-01-23T21:30:40Z")
> [@Nobody](#): > > OK, so, if I’m understanding correctly > You’re brought in for questioning. > You say you won’t talk without a lawyer present, but you currently don’t have one. > The cops either let you go, or hold you until you’re arraigned. At that point you get to hire a lawyer. > . If you don’t have an attorney by the arraignment (which most people don’t because is on average 24 hours after your arrest in NYC and less in the Long Island Court I have been observing in) then Legal Aid/Public Defender will stand up for you, even if you _can_ afford an attorney. There is no charge to you. Once the judge makes the determination of whether you are/are not entitled to a public defender, you will have to follow that going forward. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 23, 2009, 11:04pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/11 "2009-01-23T23:04:35Z")
> [@Bricker](#): > > You are confined until your bail hearing. Your request for a lawyer simply means the cops can’t talk to you. > > If you’ve been arrested, then you’re entitled to an _arraignment_. This is simply when the court informs you of the charges against you. At this time, the court will inquire about your representation and determine if you qualify for a public defender. Umm, not nessesarily, Bricker, I think you read the OP wrong, or maybe I am reading your answer wrong. He asked “…\*somebody is taken by the police to be questioned…”. \*You may also ask “Am I free to go?” They may not have enough evidence against you to hold you. To answer the Op: my freind, a Judge, and the ACLU both say the same thing- when they read you your rights, **STFU** , and say only two things: 1. I want to speak to my/an attorney. 2. Am I free to go? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 23, 2009, 11:06pm UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/12 "2009-01-23T23:06:55Z")
> [@Markxxx](#): > > That’s exactly what happens, you wait. And guess where you MIGHT have t wait. In that jail cell next to thugs, murders, prostitutes, drug dealers and other such nice people who would just LOVE to thump the hell out of you. > > So a lot of people will talk rather than wait. > > I doubt they would just assign you a lawyer, because the public defender is for people who can’t pay, not for people who rather not pay. So the person questioned could come back and say he wasn’t represented correctly at the questioning. > > It’s a lot easier to expedite the thing by throwing you in the jail cell to wait and making a “deal” with a few of the other alledge criminals to persuade you into talking. You know something like the cops saying “See that guy we need him to talk, perhaps if you help us to achieve that goal the DA would be willing to work with you.” They have to have enough evidence to hold you. The police just can’t toss you into a cell hoping you’ll talk. In fact, you should STFU and not try and talk your way out of it, as it is far more likely you’ll talk your way into jail. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [January 24, 2009, 3:28am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/13 "2009-01-24T03:28:41Z")
> [@aldiboronti](#): > > Jailhouse snitches are an ever-present threat when one’s in prison. Needless to say, one should never ever trust that sympathetic guy in the same cell who seems to be so understanding and a good listener. The problem is these snitches will often invent things if you prove stubbornly reticent. Of course, you’ll deny it in court and say he made the whole thing up, but then you would say that, wouldn’t you? Cite that hearsay from some random criminal who happens to be in the same cell as you is admissible evidence? ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [January 24, 2009, 5:17am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/14 "2009-01-24T05:17:51Z")
> [@Markxxx](#): > > I doubt they would just assign you a lawyer, because the public defender is for people who can’t pay, not for people who rather not pay. So the person questioned could come back and say he wasn’t represented correctly at the questioning. Not true. Anyone can use a public defender, those that can afford to pay will be required to pay. One of the first things a PD does when meeting a potential client is have them fill out an income and asset declaration, the amount you pay will depend on the numbers on the form. My SIL works for the PD’s office in the largest county in the state of Washington. ---
**Author:** ![Telcontar](https://avatars.discourse-cdn.com/v4/letter/t/3bc359/32.png) [@Telcontar](https://boards.straightdope.com/u/Telcontar)\ **Post date:** [January 24, 2009, 5:34am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/15 "2009-01-24T05:34:59Z")
> [@DrDeth](#): > > Umm, not nessesarily, Bricker, I think you read the OP wrong, or maybe I am reading your answer wrong. He asked “…\*somebody is taken by the police to be questioned…”. \*You may also ask “Am I free to go?” They may not have enough evidence against you to hold you. > > To answer the Op: my freind, a Judge, and the ACLU both say the same thing- when they read you your rights, **STFU** , and say only two things: > > 1. I want to speak to my/an attorney. > 2. Am I free to go? Concur. The psych in law people agree that an interrogation room is a very bad place for a suspect, innocent or guilty, to be. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [January 24, 2009, 5:38am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/16 "2009-01-24T05:38:48Z")
> [@Markxxx](#): > > It’s a lot easier to expedite the thing by throwing you in the jail cell to wait and making a “deal” with a few of the other alledge criminals to persuade you into talking. You know something like the cops saying “See that guy we need him to talk, perhaps if you help us to achieve that goal the DA would be willing to work with you.” You’ve gotta be kidding me. I think you watch too many movies, or maybe you live in Somalia. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [January 24, 2009, 11:02am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/17 "2009-01-24T11:02:17Z")
> [@iamthewalrus\_3](#): > > Cite that hearsay from some random criminal who happens to be in the same cell as you is admissible evidence? Its not hearsay if he is the one who repeats it, it was said to him. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [January 27, 2009, 12:57am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/18 "2009-01-27T00:57:26Z")
> [@AK84](#): > > Its not hearsay if he is the one who repeats it, it was said to him. What? One of us is confused about what “hearsay” means. I’m pretty sure it’s you. Person A saying “Person B told me he did X” is not evidence that Person B did X. It’s _hearsay_. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [January 27, 2009, 1:30am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/19 "2009-01-27T01:30:23Z")
> [@iamthewalrus(:3=](#): > > It’s hearsay. It’s also an admission against interest – an exception to the hearsay rules. YJMV (your jurisdiction may vary) ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [January 27, 2009, 1:46am UTC](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664/20 "2009-01-27T01:46:39Z")
> [@Rhythmdvl](#): > > It’s also an admission against interest – an exception to the hearsay rules. YJMV (your jurisdiction may vary) According to the Wikipedia page on [hearsay in the US](http://en.wikipedia.org/wiki/Hearsay_in_United_States_law), admissions of guilt are listed under the heading “Hearsay exceptions that apply only where the declarant is unavailable”. I take that to mean that it would only be admissible if person B were unavailable for comment. Is my understanding incorrect (or is Wikipedia incomplete)? [Next page](https://boards.straightdope.com/t/asking-for-a-lawyer-during-an-interrogation/482664.md?page=2)