> Wait, you're implying that bringing a lawyer with you is grounds for arrest?
It's not grounds. They already have grounds or they wouldn't be talking to you in the first place. But if they are unsure (which they usually are) a lawyer will tip the balance toward definite arrest.
A good lawyer will get you out later sure. But he can't prevent the arrest in the first place.
> There are legal limits to how long they can hold you for questioning without an arrest.
If they are "holding you" you are basically arrested.
Stop giving such incredibly dangerous and illogical advice.
If they had grounds to arrest you, the would simply arrest you and interrogate you while you're under arrest. If they are "merely talking" to you, they obviously don't have grounds to arrest you.
Especially when you're innocent, you can only make it worse by naively saying something that can be spun into implicating you.
It's not grounds. They already have grounds or they wouldn't be talking to you in the first place. But if they are unsure (which they usually are) a lawyer will tip the balance toward definite arrest.
A good lawyer will get you out later sure. But he can't prevent the arrest in the first place.
Citation, please. A good lawyer will absolutely prevent arrest by stopping you from saying something that implicates yourself, regardless of whether you're innocent or not.
If they are "holding you" you are basically arrested.
IANAL, but arrest, by definition, means to take into custody. Technically, arrest includes the right to transport someone, and some laws in some jurisdictions grant powers to detain but not arrest (usually in association with search warrants or traffic laws).
In most legal jurisdictions, police can question you without arresting you -- but if you aren't under arrest, you are free to leave at any time. There is not usually any legal limit on how long such questioning can last -- it is a meeting between two consenting legal entities (you and the police) and either party is free to stop the questioning and leave. In some cases, your answers to the questions under this situation could bring you under reasonable suspicion and be grounds for arrest -- and a lawyer could help with that.
If you are being 'held' (meaning you aren't free to leave), then you are under arrest, essentially by definition.
I believe many civil liberties organisations explicitly asking something like 'am I free to leave?', forcing police to either acknowledge that you aren't under arrest and may leave if you wish, or commit to legally acknowledging you are under arrest, requiring them to justify it in court if you sue them.
It's not grounds. They already have grounds or they wouldn't be talking to you in the first place. But if they are unsure (which they usually are) a lawyer will tip the balance toward definite arrest.
A good lawyer will get you out later sure. But he can't prevent the arrest in the first place.
> There are legal limits to how long they can hold you for questioning without an arrest.
If they are "holding you" you are basically arrested.