Questions tagged [right-to-counsel]

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22 votes
7 answers
6k views

Must the interrogation stop when the right to counsel has been invoked?

Do police officers have to stop an interrogation when right to counsel has been invoked by a suspect or can they continue the questioning like nothing has happened?
Neil Meyer's user avatar
  • 4,809
1 vote
0 answers
62 views

In the UK, can you seek legal advice from non-lawyers in confidential matters?

Suppose an employer is trying to gag a former employee from speaking out about certain issues, citing confidentiality clauses that were present in the former employee's employment contract. However, ...
Prober's user avatar
  • 21
2 votes
1 answer
114 views

Right to court-appointed attorney for driver license suspension?

Do I have the right to a court appointed attorney if I can not afford an attorney and I am not facing jail time even though I am facing suspension of licence and points against them.
Kimberly's user avatar
-3 votes
3 answers
178 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
Ivan Vetcher's user avatar
1 vote
1 answer
421 views

What is purpose of a lawyer "lawyering up?"

I've read/heard on the recent news that on an ongoing case, lawyer of a person, himself, has lawyered up (actually, I heard that about the Trump's lawyer, here, or here but please don't derail the ...
Ebrahim Byagowi's user avatar
19 votes
3 answers
2k views

How is it constitutional to require defendants to pay for counsel?

In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence. (U.S. Constitution, Sixth Amendment.) The last Supreme Court ruling on this ...
feetwet's user avatar
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9 votes
2 answers
2k views

No right to a public defender

In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying. Basically, the court appointed ...
DidIReallyWriteThat's user avatar
2 votes
1 answer
398 views

What if a person cannot find a lawyer willing to fight against a powerful party?

Hereafter, for concision, I use the noun `leviathan' to mean a magisterial, mighty party that can retaliate against lawyers. I restrict this question to First World countries (e.g., the UK), which I ...
user avatar
18 votes
3 answers
3k views

Does the Right to Counsel require qualifications?

In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during ...
feetwet's user avatar
  • 21.8k