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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. |