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When a person ask for lawyer does that mean all questions…

Customer Question
When a person ask...

When a person ask for lawyer does that mean all questions must stop ?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

New York

Lawyer's Assistant: What steps have been taken so far?

Person was convicted using things against not having their lawyer there

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Need to know what can be done to get this over turn

Submitted: 4 months ago.Category: Legal
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Answered in 2 minutes by:
3/29/2018
Lawyer: Zoey, JD, Attorney replied 4 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,905
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Yes. If you exercise your rights under Miranda and tell them that you don't want to be questioned without a lawyer present, they don't have to get you a lawyer. But they are supposed to stop questioning you about the incident at that point.

They can take what we call pedigree information -- name, social security number, address, etc. But they cannot interrogate you about the crime you're suspected of committing.

If they do, that does not overturn your case. But it does give your lawyer a right to a special pre-trial hearing to suppress any confession or statement you made that was taken from you unlawfully. Winning the hearing would mean that the statements could not be admitted as evidence against you at trial

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Customer reply replied 4 months ago
what can be done
Lawyer: Zoey, JD, Attorney replied 4 months ago

What's the nature of the case and what has happened with it? Is it still an open case? If not, was this person convicted by a plea agreement or did he lose at trial? How long ago?

If the case is still open, as part of the course of fighting the case, the defense lawyer would motion for all appropriate hearings. If the prosecutor has given notice that there is/are a statement/statements that they intend to use at trial, the lawyer would ask for a Huntley hearing to challenge the constitutionality of the statement.

If the case is closed, then there may be post-conviction remedies available, but as you've told me nothing about the case I can't tell you whether this defendant is eligible for that without more information.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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