Legal Question in Criminal Law in New York
Questioning
I received a phone call last night from the state police and they want me to come in today for questioning in something which they would not say that happened a few months ago. I want to know if I have the right to get an attorney first before going to the police barricks.
3 Answers from Attorneys
Re: Questioning
You have the right to an attorney and you should consult with an attorney before you go see the police. The attorney may be able to find out what is going on. In the alterntaive, I would not speak to the police. They will not necessarily tell you the truth about why the want to speak to you and anything they say can be used against you. Do not expect them to give you your Miranda rights because they only have to do that if you are a) in custody; and b) being questioned. If you go to the police station voluntarily, the courts do not consider that as being in custody. You were smart to post your question.
Re: Questioning
You should and must get an attorney before you engage in any questioning by a law enforcement agency. For more info feel free to call my office at 7188340087
Re: Questioning
Of course you have the right to an attorney..
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