Question: I was recently at a party that got broken up when police came. They ticketed a lot of us for underage drinking. One of the officers kept asking me questions, and I kept saying “I’m not talking to you without my attorney.” It went on for a while, her asking if I’d been drinking and how old I am, and me saying “I want my attorney” over and over again. Finally she charged me with underage drinking as well as resisting, delaying and obstructing an officer. Was it really resisting to say I wanted my lawyer?
Answer: No. You have the right to counsel when speaking with police. The charge of Resist, Delay and Obstruct is broad, and there are many causes for an officer to charge someone with it, but simply requesting an attorney- even if that request is repetitive- should not be enough.