Peter J. Johnson, a leading criminal lawyer in Michigan, provides info about exactly what rights you have when the police are interrogating you. Call 269.982.1100 for more information.

1. Update: Police Have No Duty to Inform You an Attorney is
Attempting Contact
You’ve seen it in countless films: the suspect, sitting at an interrogation desk, forcefully telling
the police that he won’t be saying another word until his lawyer arrives. And while there’s some
truth to the notion that a suspect does have a right to have an attorney present (it is among the so-
called Miranda rights), there are technicalities that make this right a little more complex than you
might think. Peter J. Johnson, a leading criminal lawyer in Michigan, wants you to know
exactly what rights you have when the police are interrogating you.
About the Miranda Warning
Police are required to deliver their state’s version of
the Miranda warning to all suspects in police custody.
You’ve heard the gist of it in movies and television.
The part we’re talking about today is the “You have a
right to an attorney” part. Essentially, it means that
you have a right to have an attorney present during all
police interactions and to have an attorney defend you
in court proceedings.
However, it is possible for suspects to waive their
Miranda rights. If you elect to speak with the police
without an attorney present and indicate to the police
that this is what you intend to do, you have effectively
waived your right to have an attorney present. This is
where things get complicated.
According to a 2014 ruling out of the Michigan Supreme Court, People v Tanner, the police are
not required to inform you that an attorney is attempting to contact you if you have already
waived your Miranda rights. Once you agree to give a statement without an attorney present, the
police are under no obligation to suspend actions when and if an attorney shows up. If you do not
waive your Miranda rights, the police cannot speak with you unless your attorney is present and
statements they obtain without an attorney present may not hold up in court.
Any criminal lawyer in Michigan will advise that you do not waive your Miranda rights.
Speaking with an attorney is critical if you want to ensure you are aware of all of the options
available to you. If you have questions about Miranda rights or recent court rulings, please
contact us for assistance via www.AttorneyPeterJohnson.com or 269.982.1100.