Should I Take This Test?

[Sergeant1107]

You are also misguided about the "right" for an attorney.The "right" for an attorney only exists after a Miranda warning is issued by the police.Miranda is only necessary when two conditions exist (and both must be present):

1.The suspect is in custody and not free to leave.
2.The police want to question this person about the
specific reason why they are in custody.

After the warning has been issued, it is a decision the person in custody if he/she chooses to invoke Miranda. 

This is not very clear.  A person's right to avoid self incriminating statements and their right to counsel exist whether that person is advised of Miranda or not.  The advisement is not what triggers the rights; custody and interrogation trigger the necessity of the advisement.

Also, a person need not be advised of their rights before choosing not to speak with the police.  In any consensual encouner a person may choose to say nothing at all to the police.  In an investigative detention, a person may choose to do nothing but identify themselves, and may respond to all other questions by invoking their fifth and sixth amendment rights.  In a a custodial interrogation, regardless of whether the police have given the Miranda warning, a person need not say anything at all in regards to the offense they are being charged with.