Can you be held in jail without having a court lawyer appointed to you if you qualify?
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Can you be held in jail without having a court lawyer appointed to you if you qualify?
Asked on September 10, 2012 under Criminal Law, Massachusetts
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Jail and trial are two related, but different things. You can be held without an attorney. Your constitutional right to an attorney attaches during the criminal court process-- like for trial and any pre-trial hearings. If you qualify, they should go ahead an appoint you one. If you have requested an attorney, but they refuse to give you one, notify the court at your first court hearing. If any officer demands or suggests that you give a statement while in custody-- after you have requested and attorney-- then any of these statements can be thrown out later per violations of your constitutional rights.
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