If I ask for an attorney before giving a statement, can that statement be admissable in court?
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If I ask for an attorney before giving a statement, can that statement be admissable in court?
The police came into my home asking questions. I asked for an attorney but they continued questioning me. They then took me to police station, did not place me under arrest, did not read me my rights, and did not tell me I was free to go at anytime. They ade me fill out a statement form and now want to use that against me. I always thought once you ask for an attorney all questioning seizes and anything after that can not be use against you. Is that right?
Asked on April 12, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, law enforcement should have ceased questioning you at the time you stated that you wanted to see a lawyer where you had yet to have been read your Constitutional Rights under the Miranda decision.
The statement that you filled out potentially could be subject to a motion to supress because you were got given your rights per the Miranda decision assuming the statement you filled out incriminates you. I suggest that you immediately consult with a criminal defense attorney with respect to the facts set forth in your question to see what he or she can do for your concerning the criminal matter that you have gotten yourself into.
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