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Questions tagged [right-to-counsel]

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2 votes
4 answers

Will I be given chance to research and call my own solicitor/lawyer after being arrested

Say I am arrested tomorrow for a serious criminal offense which I did not commit. It would be a complete surprise to me, and being an ordinary person I don't have any relationships or knowledge of ...
Josh's user avatar
  • 123
22 votes
7 answers

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
  • 5,017
1 vote
0 answers

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

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

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

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

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
  • 21.8k
9 votes
2 answers

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

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

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