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by drdaeman 921 days ago
> I will not answer any questions without a lawyer present.

I'm curious. How do people get a lawyer, if they aren't exactly prepared for being questioned, but just somehow unexpectedly found themselves in some weird situation?

Somehow, I doubt most common folks already have an established lawyer (especially not knowing what sort of situation they may get into - as I get it, different lawyers specialize on different matters) and remember their phone number (OP reminds me that one probably doesn't want to unlock any phone). Or I'm wrong? What's the general approach here?

2 comments

First, invoke. Then one of two things will happen. The happy path is that the police can’t sustain an arrest, and you didn’t help them by talking. You’ll be released, and you can - and absolutely should - look for a lawyer on your own time.

Otherwise, you’ll be arrested and taken to jail for processing. Your bail will almost always be predetermined by a bail schedule. For minor crimes you can post bail to the jail and leave within hours. Some jails even take credit cards. Search for a lawyer on your own after you are out.

Otherwise the rules are varied across jurisdictions. “You get one call” is a TV trope” - but you can use any phone calls you are granted to secure an attorney. The state bar, as mentioned, will refer you. Call your family and have them secure one. Some jails have the yellow pages for your own selection. If you have a non-criminal attorney (a will, employment law, etc.) they can give you a referral.

Also, worse comes to worse, you can receive a free court provided lawyer. Though public defenders are so overworked, you may not see them until the day of your trial.
That might actually be a good thing if the police are prohibited from interrogating the individual before the court appearance
The state bar usually provides a service to help people find lawyers.