Defense Attorney Requests

Defense attorneys will not show up on scene of an arrest or active crime scene and represent their client. Attorneys will also not appear in person to the booking department for client representation if questioning is not being conducted. If detained, a civilian may request to use a phone call to call and hire an attorney for representation and invoke their 5th amendment right to remain silent, but an attorney cannot be present unless questioning is taking place.

If a civilian requests an attorney during questioning, detectives must cease asking questions pertaining to the case. They may return the civilian to a holding cell to await the arrival if the civilian is detained, or release the civilian and schedule a time to continue the questioning once representation is present. While being present for questioning, a defense attorney shall be granted time to meet with their client in private and discuss the case before detectives begin questioning the civilian. All attorneys have the right to attorney/client privilege and are able to speak to their clients free from law enforcement presence. During questioning, a defense attorney or public defender may sit alongside their client and advise them which questions they can answer or answer for a client that they are not going to answer the question. The attorney present will not argue the merits of the case with the detectives during questioning or attempt to get charges dropped by detectives.

A civilian may hire an attorney for representation if they have not yet been arrested or charged with a crime, but feel they may soon be. They may hire a private attorney and should tell their attorney everything pertaining to the possible case so the attorney will have ample knowledge to represent them. While detained, a civilian may request a private attorney or inform the detectives they wish to have an attorney provided by the state. If a public defender is requested, the detective or officer must contact the Chief Judge to have a public defender assigned to the case.