If I refuse my right to an attorney and talk to the District Attorney myself, can I ask for a court appointed attorney later?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I refuse my right to an attorney and talk to the District Attorney myself, can I ask for a court appointed attorney later?
Asked on November 16, 2010 under Criminal Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes--though you may already have doomed your defense. Your right to an attorney is an absolute one, guaranteed by the United States Constitution; you may at any point get an attorney and, if you can't afford one, have one appointed or provided in some fashion. However, that does not "undo" anything you have done before. So if you have already, for example, confessed or said anything incriminatory (such as provided information that only the criminal could know), or lead or turned over to the authorities any physical evidence, that statement or evidence will very likely still be available to use against you.
Get the attorney first. You can always fire him/her later and go it alone if you're determined to. That way, though, you'll have the attorney's advice and counsel from the beginning. Also, remember that you have a right to not say anything incriminatory--the right to remain silent--which you can and should exercise until you get your attorney to advise you as to what to say. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.