Re:Cell Phone Guide For US Protesters, Updated 2014 Edition
by jambo on Saturday August 16, 2014 @02:45AM
(#8185563)
I don't think so, looking around at my peers. In the US, you have the right to publicly funded counsel if you are arrested, so the advice might better be put, "Am I free to go? <no> Am I under arrest, or am I free to go? <you are under arrest> I am exercising my right not to speak with you and would like to speak with a lawyer".
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Re:Cell Phone Guide For US Protesters, Updated 2014 Edition
by mfb on Saturday August 16, 2014 @03:49AM
(#8185661)
In the US it's not uncommon for protesters to have a lawyer, in the form of organizations like the National Lawyers Guild which offer legal support at demonstrations. Protesters typically scrawl the phone number for the NLG legal hotline on their arm, so they are able to call from jail.
Re:Cell Phone Guide For US Protesters, Updated 2014 Edition
by tatterdemalion on Saturday August 16, 2014 @05:18AM
(#8185766)
There's a widespread perception that once someone is arrested, there is some haste with which they are provided legal representation. But unless you have a lawyer on call, that isn't the case. You don't even have a public defender on your case until after your arraignment, which is when your bail is set.
Re:Cell Phone Guide For US Protesters, Updated 2014 Edition
by watwut on Saturday August 16, 2014 @04:21AM
(#8185703)
You can get publicly funded counsel only if you are poor enough and unable to afford own lawyer. And public defenders tend to be overworked and underfunded, so it is not like they will give you too much personal attention.
Re:Cell Phone Guide For US Protesters, Updated 2014 Edition
by dannypgh on Saturday August 16, 2014 @09:51AM
(#8186184)
In my experience you'll consult with a PD at your arraignment even if you don't qualify for a PD (for everything beyond summary offenses). They will give you the good advice of staying quiet, and stand next to you before the judge, and generally they might help you ask for bail or to otherwise get out at your arraignment.
If it's earlier in the arrest- e.g. at the police station- if they want to question you and you don't have a lawyer they need to get you one, and in theory this could be a PD. I don't have first hand experience with that, mostly because there's little point in the police bothering to question anyone who asks for a lawyer in 99.9% of cases. The lawyer will tell their client to not answer anything and the client should heed the advice.