what do you do if a detained person request an attorney

by Ms. Berenice O'Conner 7 min read

If you are arrested and charged with a crime, you are entitled to the assistance of an attorney. You should contact an experienced criminal defense attorney or the local public defender's office to talk about your case.

Full Answer

What should you do if you are arrested for a crime?

Question: When does a person who is being investigated have the right to request an attorney? Answer: Usually during what the courts have interpreted to be “critical phases” of an investigation. So, for example, times that they wouldn’t have a right to an attorney, at least in the state of Florida, would be like in a DUI situation and someone is determining or deciding whether or not to ...

How can I contact a detained detainees?

Jun 10, 2020 · If you are detained or arrested, the best thing that you can do is to keep quiet until a lawyer represents your case. Call My Office for a FREE Case Strategy Session. If you or your family member are arrested or detained, follow the information above and contact me at Grano Law Offices, P.C. for a FREE CASE STRATEGY SESSION.

What kind of attorney do I need for immigration detention?

May 11, 2010 · Being detained for a crime can be a frightening and unfamiliar experience, and many individuals do not know their rights and legal entitlements when they have been arrested or detained. If you ...

How do I find someone in detention before an immigration hearing?

Jul 05, 2020 · Arrested individuals may call an attorney, a bail bondsman, or any friend or relative. If the arrested person is a parent with custodial responsibility for a child, then the arrested person has the right to two additional phone calls for the purpose of arranging for the care of a minor child or children during the arrested person’s absence ...

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What are the 3 rights of a detained person?

1)He has to be informed about the reasons for his detention. 2)The person has the right to be produced before the nearest magistrate within 24 hours. 3)The person who is the detained has the right to consult a lawyer for his defence.Jan 11, 2018

How long can someone be detained in police custody?

How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.

What does wanting counsel mean in court?

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial.

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

Can you be bailed without being charged?

Defendants that are bailed from a police station without charge are released with the requirement to return at a later date for a charging decision.Sep 9, 2021

What Amendment gives you the right to an attorney?

The Sixth AmendmentThe Sixth Amendment gives defendants the right to counsel in federal prosecutions. However, the right to counsel was not applied to state prosecutions for felony offenses until 1963 in Gideon v. Wainwright, 372 U.S. 335.

What does it mean for a lawyer to ask for counsel?

Primary tabs. To counsel is to provide legal advice or guidance to someone on specific subject matter. Counsel is also a lawyer giving advice about a legal matter and representing clients in court.

What the difference between the 5th and 6th Amendment?

The Fifth Amendment's privilege against self-incrimination protects witnesses from forced self-incrimination, and the Sixth Amendment provides criminal defendants with the right to cross-examine prosecution witnesses and to have compulsory process for obtaining witnesses.

Why The U.S. Government Detains Immigrants

What to Do After Learning An Immigrant Has Been Detained

Role of The Deportation Officer

  • As indicated above, each detainee is assigned a deportation officer. The officer has the power to offer voluntary departure, stipulated removal, or some other form of release from detention. The detainee (or his or her attorney) should review any such offers carefully. Accepting a voluntary departure, for instance, though it doesn't leave an order of removal on the person's record, can re…
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Conditions in Detention Facilities

  • Immigration detention is not very different than jail or prison. ICE either operates the facilities independently or, increasingly, contracts with local sheriff or police departments to house detainees. Therefore, the physical layout of the facility, level of crowding, available amenities, and whether detainees are housed alongside state prisoners can vary widely. Detainees who have m…
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Getting The Person Out of Detention While Awaiting Further Action

  • When someone is in an immigration detention facility, the most important thing to you may be to get the person out. Make sure this is the wise thing to do, however—immigration court proceedings will move much more quickly if the person is detained, and there could be good reasons for getting to see a judge sooner rather than later. Most of the time, however, it's better t…
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