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by sp821543 3120 days ago
I believe the lawyer in the video, James Duane, now recommends the phrase, "I want a lawyer," as the correct response to any police question. As some have mentioned, mere silence is not enough to invoke one's constitutional rights and could in fact be used as a legal argument as to your guilt.
1 comments

If I get arrested and say "I want a lawyer". What lawyer do I get? A random public defender? A private defender? If it's private defender, am I able to ask for another lawyer if the fees are too high? Will that lawyer refer me to another more specialized lawyer later on?
I always wonder this when people bring this up. Am I a weirdo for not having a lawyer on retainer at all times? That doesn’t sound like something that would be affordable for most people. And quite frankly, I don’t even know how I’d go about looking for or evaluating a lawyer.
You don't need a lawyer on retainer, but it's probably good to know the phone number of one. If they can't take your case they will let you know and likely refer you to a colleague.
I've never had to have any sort of interaction with the justice system and have never talked to a lawyer (even a friend or in a social setting). I thought I was a proper adult for having a regular accountant I talk to once a year.

How do I know the phone number to a good lawyer?

I keep the business cards of a couple of lawyers in my wallet. One I've dealt with on business matters (but certainly isn't on retainer) and one I know socially who does criminal defense. As you say, I figure if they can't help me personally, they'll know someone who can.
> And quite frankly, I don’t even know how I’d go about looking for or evaluating a lawyer.

You're not alone. Here's a great guide to getting an attorney for someone who's never done it: https://www.popehat.com/2011/05/27/how-to-cold-call-a-lawyer...

(I'm not Popehat and I get nothing for recommending him, but his work is excellent.)

You're not a weirdo, but you would be a weirdo for not having, say, insurance (health/car/home/whatever). Unfortunately, the world is such that we're coming to the point where this just needs to be another item on the checklist.

People find the resources to cover the things they need, and lawyers aren't all crazy unaffordable.

Speaking of insurance, is there something like legal insurance where you pay your monthly premiums or whatever and then when you finally need a lawyer, your insurance policy pays for one?
Some employers provide this for about $5-15/month. It usually doesn’t cover everything, but it will cover routine stuff like wills, powers of attorney, real estate transactions, etc.
The point is that after you have requested a lawyer they are obliged to refrain from questioning you.
They're obliged to, but do they actually?

This guy asked for a "lawyer dog", which apparently is not a thing.

https://www.washingtonpost.com/news/true-crime/wp/2017/11/02...

Or will asking for a lawyer work for me, since I'm not ethnically diverse?

For another take on the “lawyer dog” case, see here[0].

The takeaway is that if you’re asking for a lawyer to be present during questioning, you need to be unequivocal about it.

That, and Lawyer Dog is totally a real thing[1].

[0] https://www.google.com/amp/s/www.washingtonpost.com/amphtml/... [1] http://knowyourmeme.com/memes/lawyer-dog

For the purposes of your invoking your right, it doesn't matter. You have a right to a lawyer of some kind, and the purpose of saying that is to make them stop asking questions. You could just as easily say "I want to speak with my lawyer," if you've already got one, or, "I want to speak with a public defender," or something similar.

> What lawyer do I get? A random public defender? A private defender?

Generally speaking, somebody who's arrested falls into one of these categories: A. They have a lawyer already, and will contact that person or instruct the police to contact that person B. They don't have a lawyer, but can afford to retain one, and can contact someone who will take care of that for them or do it themselves C. They don't have a lawyer, and can't afford one, in which case they will be given a public defender

Courts generally won't give you a private attorney if you request a lawyer and can't pay for one - that's what public defenders are for. (Sometimes, private practice attorneys work with the public defender's office and take cases that way, but in that case, you still are not necessarily the one paying them.) In any of those cases, a person is always free to fire their counsel, retain different counsel, or represent themselves.

The basic rule - don't talk to police without a lawyer - applies no matter which case you fall into.