Legal Question in Criminal Law in California

right to an attorney

When someone is taken into police custody for questioning, and doesn't ask for an attorney becuase they don't know they have one; if the family gets an attoney without his knowledge, and the attorney calls the police department and then even goes there looking for the client and the dispatcher says that they don't know where he is at and once they find him they will call us, if it turns out that he was there the whole time, is he in violation of his rights to an attorney?


Asked on 6/27/03, 12:41 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: right to an attorney

The right to an attorney is a personal right, and is normally exercised by the individual. To determine whether there was a violation of the rights of the person in custody would turn on the facts of his case. You would need to obtain a copy of the police report and discuss the facts with an attorney. The attorney that was retained to assist him would be a good place to start.

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Answered on 7/07/03, 1:14 am
David Diamond Diamond & Associates

Re: right to an attorney

Give us a call to discuss. LARRY WOLF

310 277 1707

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Answered on 6/27/03, 7:46 pm


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