Legal Question in Criminal Law in Virginia

right to a lawyer

If one was arrested at their home on a felony charge and brought into a police station and questioned for over 8 hours, and continually asked for a lawyer and never recieved one stating to me it's too late in the day . After making promises if to be cooperative they would speak to ther commonwealth on my behalf. In the end they only added charges. What are my rights and by them denying me a attorney can I use this now to help me?


Asked on 2/16/09, 11:56 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: right to a lawyer

If handled correctly, your rights are many. Of course you have to figure that they may not "remember" things the way you do. It would help if you could remember as much as possible about the names or at least appearance of everyone involved. You face the problem that they will tell a different story.

But if you ask for a lawyer they were required to instantly stop everything.

Promises to go easy on you are usually a LIE.

The police are allowed to lie when interrogating a suspect.

But to my mind lying about a promise to go easy is fraudulent.

So I think you have a lot of possiblities and the ability to kick the charges out the door.

But it would have to be handled correctly.

I would be very encouraged that they screwed up so badly with your case, but I also believe you really need good legal help, because nothing here will fall into place automatically. It has to be played out correctly, making the right objections.

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Answered on 2/20/09, 1:01 am


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