Why is it important to have a lawyer present during questioning?

The right to have counsel present at a custodial interrogation is necessary to protect the Fifth Amendment privilege against self-incrimination. A suspect detained for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation.

Can police question you after you ask for a lawyer?

Before you are questioned by the police, you will be informed of your right to take free legal advice from a solicitor. If you decide to exercise this right, except in pressing circumstances – such as to prevent someone being hurt – the police officers cannot question you until you have received advice.

Why you should never speak without a lawyer?

You should never talk to the police without first consulting an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, they will use inconsistencies in your statements as evidence of guilt.

What does it mean if a person waives their Miranda rights and speaks?

Is a waiver permanent? No. Under the California criminal justice system, a person can waive his/her Miranda rights but then invoke them at a later date. This means that even if a suspect has waived Miranda rights and started talking, he/she can change his/her mind and invoke them.

What happens if you don’t understand Miranda rights?

Many people believe that if they are arrested and not “read their rights,” they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can’t use for most purposes anything the suspect says as evidence against the suspect at trial.

What are the exceptions to Miranda?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.