Legal Question in Criminal Law in California
do we have the right to an attorney/lawer if picked up and questioned for several hour abou a crime that occered when person was a minor?
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3 Answers from Attorneys
Nobody can question you for several hours, or at all, unless you volunteer answers. Shut up and ask for a lawyer.
You always have 5th Amendment rights to SHUT UP and call a lawyer, as every cop show on TV correctly teaches. If you are charged with a crime, your attorney will now have to make any motions to dismiss or suppress evidence and confessions that may be appropriate, and defend the charges in court hearings and at trial, based upon all the arguments, documents, facts, evidence, witnesses, surveillance tapes, etc. All that will be available in discovery. If serious about getting him counsel, and if this is in SoCal courts, feel free to contact me.
You have the right to refuse to answer questions, without your lawyer present, during any custodial interrogation. You do not have the right to appointed counsel, however, until charges are filed. http://www.newmexdwilaw.com/pdf/when_a_defendants_right.pdf
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