Notice Of rights

Question 1

Absolute right to counsel

Answer 1

Defendant may not waive his right without a lawyer being physically present

Question 2

Can a custodial interrogation begin without Miranda warnings?

Answer 2

No

Question 3

If a suspect invokes his right to silence can he be interrogated?

Answer 3

No until he initiates communication and Miranda warnings re-administered

Question 4

When a suspect invokes his right to counsel, all interrogation will cease unless attorney is present. True or false

Answer 4

True

Question 5

When will absolute right to counsel exits when suspect is in custody?

Answer 5

• in custody and wants attorney
• in custody on a charge and has an attorney on that charge
• in custody and attorney contacts the police to advise he is represented

Question 6

When will absolute right to counsel exists when suspect is not custody?

Answer 6

-suspect not in custody but has attorney with respect to the particular matter under investigation
-suspect not in custody’s and attorney advises he represents the suspect on such matter
-accusatory instrument has been filed