Federal Crimes – Interrogation

Being Interrogated By A Federal Agent Or Marshall 

If you are in federal custody and the authorities want to question you, they must advise you of your Miranda rights. Your Miranda rights are: You have the right to remain silent If you give up the right to remain silent, anything you say might be used against you in a court of law You have the right to an attorney before questioning; and if you cannot afford an attorney the government will appoint one for you.

This does not mean that the arresting agents will call an attorney for you before they begin to question you. It does mean that if you already have an attorney, you can have him or her come and consult with you before you answer any questions. Given this, if the agents want to question you, you should say either (1) I wish to remain silent; or (2) I wish to have an attorney present, but preferably both. If you say you want to remain silent, but do not ask for an attorney, they can keep coming back to try and question you in the hopes you will get tired and agree to answer questions. If however, you ask to speak to a lawyer, they cannot come back to question you other than to clarify your desire to have an attorney present. Accordingly, you should say, in no uncertain terms “I want to talk to a lawyer before you ask me any questions.”

 

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