The only time you have a right to an attorney after you are arrested is if the police want to question you. You can waive your right to have an attorney present during questioning. For my part, I think such a waiver is generally a bad idea. If you invoke your right to counsel at that point, or anytime thereafter, they must either get you an attorney or stop the interogation.
If you are charged with an offense which carries the right to counsel, and you cannot afford counsel, you can request the appointment of counsel no later than the time of your arraignment. I am no expert in Texas law, so I don't know if you are able to speak to an attorney before your arraignment, but your local Public Defender (or similar agency) can tell you.
2007-02-09 08:56:57
·
answer #1
·
answered by Anonymous
·
0⤊
0⤋
You don't waive the right to an attorney when you are arrested, you waive the right to have one present at your questioning. I am not sure when a lawyer gets appointed in Texas, can't help you with that one.
2007-02-09 16:48:47
·
answer #2
·
answered by diogenese19348 6
·
0⤊
0⤋
Yes, the right can be waived... but only by the person being arrested. At any point, however, you can demand an attorney. That is your right, too. You do not have to wait until the court date if you do not want to. If you are arrested, even if you are innocent, you should never talk to the cops without an attorney. That is why you have the RIGHT to be SILENT!!
2007-02-09 16:48:15
·
answer #3
·
answered by Mr. Taco 7
·
0⤊
0⤋
If you are arrested and you ask for an attorney the police HAVE to get you one. You can waive that right by continuing to talk to police. If you are actually indicted for the charges (meaning they bring the charges against you) and the punishment for the charge is imprisonment you will be asked if you want an attorney by the judge. The judge will then proceed to ask questions if you say no you don't want an attorney. The judge should ask if you are competent to represent yourself.
therefore there are two stages when you can ask for an attorney.
If the charge does not involve any imprisonment then you do not have the right to a court-appointed attorney.
2007-02-09 16:45:11
·
answer #4
·
answered by Anonymous
·
0⤊
0⤋
Try the sites below. Make sure to change the State/Location. Hope this helps.
2007-02-09 19:15:22
·
answer #5
·
answered by citronge69 4
·
0⤊
0⤋
you never have to have a lawyer present. But....its stupid not to. Seriously, you need a lawyer present for EVERYTHING legal.
2007-02-09 16:45:35
·
answer #6
·
answered by Chrissy 7
·
0⤊
0⤋
part of your miranda rights.
2007-02-09 16:45:06
·
answer #7
·
answered by Chazz Drizzler 5
·
0⤊
0⤋