Denial of Lawyer?

Question

What happens if a person is arrested and is denied their right to an attorney? This is in New York State.

My boyfriend was arrested for grand larceny. when they brought him in to the questioning room, (interrogation), they read him his rights, and he said, "i want my lawyer (P.D.)." the investigator guy, said, "if you ask for you lawyer you are just making this harder, and i will send you upstate if you ask again"

Answer 1

It would be grounds for appeal of the conviction.

Note that I said - "Conviction". Just being arrested doesn't automatically confer a right to an attorney.

Under what circumstances did you ask for a lawyer and have one refused to you?

Richard

Answer 2

Well, there isn't always a right to an attorney.

You don't have the right to be represented in charges that are only punishable by fines, and in some states, misdemeanors. Secondly, your right to an attorney only attaches at custodial interrogation. If you are in custody, but not being questioned, then there is no right. Only after charges are filed.

Finally, what was the result of being denied? If you didn't suffer any prejudice, then there is no harm, no foul.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Exactly what rick said.

Also, if you can afford a lawyer, they make you pay for it and if you decide you don't want to pay and elect to waive your right to an attorney then that would be different. In civil trials you always have to pay for your attorney unless you can get someone to do it pro bono.

Answer 4

What were they arrested for?

You can be detained legally and not offered an attorney/denied I suppose if you're not being questioned.