Criminal Defense Lawyers

At what point can I request a lawyer during questioning?

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don‘t look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stones unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficult and challenges of going through a case. If you‘re accused of a crime, schedule a consultation with our criminal attorneys today.

The Importance of Requesting a Lawyer

So, what do you do if you get hit with one of these things? You know, the dreaded police questioning. It‘s a situation nobody wants to find themselves in. But, take a deep breath. We’re here to help guide you through it.First things first, you have the absolute right to request a lawyer at any point during questioning by law enforcement. Let’s say that again for emphasis: you can ask for a lawyer at ANY time. Before the questioning starts, in the middle of it, at the very end – it doesn‘t matter when. That right is enshrined in the Constitution.Now, you might be thinking “But I didn’t do anything wrong, so why would I need a lawyer?” Here’s the thing, even if you’re 100% innocent, having a skilled legal advocate by your side is crucial. The justice system is extremely complex, with all sorts of rules and procedures that can easily trip up someone without training.Without proper legal counsel, you could accidentally say something that gets twisted and used against you down the line. Or maybe there’s a solid defense you‘re unaware of that could get the charges dropped entirely. Bottom line: trying to go it alone is a huge risk that could really come back to bite you.

When Exactly Can I Request a Lawyer?

Okay, so we‘ve established that having a lawyer is vital if you’re being questioned. But when precisely can you make that request? Like, what are the specific circumstances?The short answer: you can invoke your right to counsel basically any time you‘re in custody and subject to interrogation. That includes:

• After you’ve been arrested and taken to the police station for booking
• If you’re detained during a traffic stop and the officer starts grilling you about some suspected crime
• When investigators show up at your home or workplace to question you about an incident

Basically, if the situation involves 1) you not being free to leave, and 2) the cops asking questions aimed at getting you to admit guilt, you’re allowed to lawyer up on the spot.Now here‘s an important point: the police don’t actually have to read you your Miranda rights (“You have the right to remain silent, anything you say can and will be used against you in a court of law,” etc.) in order for you to request a lawyer. That‘s a common misconception. You can invoke your right to counsel whether they Mirandize you or not.The only catch is, if they don’t properly administer the Miranda warning when they’re supposed to, then potentially any statements you make can‘t be used as evidence in court. But you’re still allowed to ask for an attorney regardless.

How to Properly Request a Lawyer

Okay, so now you know your rights and when you can exercise them. But exactly how should you go about requesting that lawyer?Well, first off, be direct. Don’t beat around the bush with something vague like “Maybe I should get a lawyer?” You need to firmly state: “I want to speak to a lawyer” or “I am invoking my right to counsel.” Don’t leave any ambiguity.The reason is, if you’re not clear in your phrasing, the cops can actually keep interrogating you. Courts have ruled that only an unequivocal invocation of your right to a lawyer requires the questioning to stop.So be firm, be clear, don’t try to be subtle or hint at wanting a lawyer. Just straight up tell them you want to exercise that Constitutional right.Also, and this is important, the second you make that request for counsel, you need to shut your mouth and stay silent. Don’t try to keep talking or explaining yourself. The interrogation has to stop once you invoke your right, so anything else you say can potentially be used against you.If the cops try to keep grilling you or get you to change your mind about wanting the lawyer, just keep repeating “I want my lawyer” like a broken record. Don’t engage beyond that.

What If I Can’t Afford a Lawyer?

Now let‘s discuss what happens if you ask for a lawyer…but can’t afford to actually hire a private attorney out of your own pocket. No need to panic, the system has you covered there too.See, as part of your Miranda rights, if you’re legitimately too broke to pay for your own counsel, the government is constitutionally required to provide you with a lawyer free of charge. Specifically, you’ll get a public defender appointed to represent you.Public defenders are licensed attorneys who work for low or no cost to ensure everyone has access to legal representation, as guaranteed by the 6th Amendment. They may be overworked and underpaid, but they’re still legitimate lawyers who went to law school.So when you make that request for counsel, simply state “I want a lawyer, and if I can‘t afford one, I want a public defender appointed.” The cops have to respect that and get the process started to assign you a free lawyer.From there, they’re not allowed to perform any further custodial interrogation until your public defender arrives to be present. It’s that simple – invoke the right, and they have to provide you with counsel if you can’t pay for it yourself.

But What If the Cops Keep Questioning Me?

Sometimes, law enforcement officers mistakenly (or, let‘s be honest, intentionally) keep running their mouths and trying to get you to slip up even after you’ve invoked your right to counsel.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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They may make comments like:“C’mon man, if you’ve got nothing to hide, why don’t you just cooperate with us?”

“Look, bringing in a lawyer is only going to make this harder on yourself. Why not just get this over with?”

“You know, the DA is going to view this as an admission of guilt if you clam up and ask for an attorney.”

Don’t fall for any of those mind games! Requesting a lawyer is your constitutional right, which law enforcement is legally obligated to respect. It’s not an admission of guilt, it’s you simply exercising your rights as an American citizen.If the cops keep pushing and trying to get you to change your mind after you’ve invoked, just restate your request calmly and firmly:“I’ve requested counsel and I have nothing further to say until my lawyer arrives.”Then shut your mouth completely. Don’t engage, don’t respond to any more provocative statements. Just stay silent and wait for your attorney to show up.If law enforcement flagrantly violates your rights by continuing to interrogate you without counsel present after you’ve clearly invoked, that‘s a violation that can potentially get the case thrown out down the road. Your lawyer will file a motion to suppress any statements you made without legal representation on hand.

Why You Absolutely Need a Lawyer Present

Okay, at this point we‘ve covered all the technical and legal stuff around invoking your right to counsel during questioning. But let’s talk about why having that lawyer there is so crucially important from a practical standpoint.For one, your lawyer is there to protect your rights and ensure law enforcement doesn’t take advantage of you or trick you into saying anything incriminating. They know all the rules and procedures inside and out, so they can keep things on a level playing field.Additionally, your lawyer can advise you on whether you should answer certain questions or not based on the specifics of your case. There may be some questions that are okay to respond to, while others could potentially implicate you in a crime if answered a certain way.Having that experienced legal counsel there helps ensure you don’t accidentally dig yourself into a hole or give ammo to the prosecution. Your lawyer‘s job is to defend you and prevent that from happening.Furthermore, your lawyer can work on negotiating with law enforcement and the prosecutors to potentially get you a more favorable deal by cooperating in some form. Maybe there’s an opportunity for reduced charges or a lighter sentence in exchange for your assistance.But here’s the key: your lawyer will ensure you don’t get strong-armed into an unfair “deal” that isn’t actually in your best interests. They‘ll have your back and make sure you don‘t get railroaded by overzealous law enforcement.At the end of the day, that’s what it all comes down to – having an advocate in your corner who has your interests as their sole priority. Police and prosecutors couldn’t care less about getting you a fair shake. Your lawyer is there to even the playing field.

Examples of Properly Invoking Your Rights

Enough of the theoretical discussion, let’s go through a few examples of how this process of requesting counsel during questioning should go in the real world:

Example 1: You’ve been arrested on suspicion of burglary and brought down to the police station. As you‘re being booked, a detective says “We’re going to need to ask you a few questions about this incident.” You should respond:“I’m going to invoke my Fifth Amendment right to counsel. I want to speak to a lawyer before answering any questions.”The detective is then required to cease any interrogation until your lawyer is present.

Example 2: You’re pulled over for a routine traffic violation. However, the officer seems to be acting suspicious, asking questions like “You seem nervous, is everything okay?” and “Been doing anything illegal tonight?”This could potentially be an attempt to get you to incriminate yourself regarding suspicion of a different crime like drug possession. At this point, you should state:“Officer, I‘m not going to answer any more questions until I have a chance to consult with a lawyer.”From there, the officer can either arrest you if they have probable cause, or they have to move things along without any further interrogation.

Example 3: Investigators show up at your workplace, saying they need to ask you some questions related to an alleged incident of fraud at the company you work for. Before they can even get started, you should cut them off:“I’m invoking my Fifth Amendment right to counsel. I want to have a lawyer present before answering any questions from law enforcement.”They then cannot interrogate you any further until you’ve had an opportunity to obtain legal representation.The common thread here is being direct, unambiguous, and firm in invoking your constitutional rights. Don’t hint around, don’t try to be subtle. Explicitly state your desire to have a lawyer present before submitting to any law enforcement questioning.From there, the ball is in their court to respect your rights and cease interrogation until your counsel arrives. If they persist in trying to question you, that’s a violation that your lawyer can lash them for later on.