Obtaining Legal Representation

You are entitled to telephone a lawyer, friend or family member to notify them of your arrest. You should seek the advice of David B. Franks of Franks and Rechenberg, P.C. at the earliest possible moment. You have the right to consult with a lawyer and have him or her present when the police question you. You should remain silent until your lawyer is present, since any statements you make can be used as evidence against you.

If you cannot afford to hire an attorney, you are entitled to a court-appointed attorney. The Court may appoint a private attorney, a lawyer from a legal aid society, or a public defender. The police are required to advise you of these rights before questioning you. Ordinarily, the arresting officer provides these warnings during the confusion of the arrest. These rights are critical to your defense later on.

Even if you refused a lawyer at the time of arrest, you retain the right to have a lawyer present at any time after your arrest. You should seek the advice of David B. Franks of Franks and Rechenberg, P.C. at the earliest possible time to avoid incriminating yourself, to arrange release from custody, to decide how to plead, to review and investigate your case, and to prepare for your trial.

If a family member or friend, who has been arrested, calls, remind him or her that they have a right to an attorney, and that they are not required to respond to police questioning until an attorney is present. You should seek the advice of David B. Franks of Franks and Rechenberg, P.C. as soon as possible. Once Mr. Franks has been retained, the arrested person should advise the police that he or she claims the right to counsel, that David B. Franks of  Franks and Rechenberg, P.C. is on the way, and that he or she will not answer any questions until their lawyer is present.

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