ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

Lawyers and Criminal Law

When do I have a right to a lawyer--before or during police interrogation?

You have a constitutional right to counsel--the right to have a lawyer's advice--before and during police interrogation. If the police are asking you questions and you think they may think you are involved in a crime, tell them that you do not want to answer questions and that you want a lawyer, regardless of whether you have been given Miranda warnings. Police frequently obtain damaging admissions before you are in custody, and prior to providing Miranda warnings. Do not answer any questions until your lawyer arrives. If the police place you in a lineup, the law entitles you to have a lawyer present if you have been formally charged. You also have a right to a lawyer at all your court appearances.