how to get a lawyer after being arrested

by Citlalli Boyle I 3 min read

  1. Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible.
  2. Look for specialists. Some criminal defense attorneys specialize in certain areas of the law. ...
  3. Identify whether you are in state or federal court. Attorneys are only allowed to represent clients in certain areas and in certain court systems.
  4. Think about your ability to pay for a lawyer. In criminal court, you have the right to be represented by a lawyer regardless of your ability to pay.
  5. Determine when you can contact a lawyer. When you are arrested, law enforcement will either hold you in jail while you await your first court appearance or you will ...

Ask your friends or family to call a lawyer.
It is probably easier for your friends or family outside jail to find a lawyer on your behalf. They can make an unlimited number of calls and ask the attorney questions. If you trust the person you call, have them contact an attorney for you.

Full Answer

What should I do if I need an attorney after being arrested?

The police should not question you after you have requested an attorney. Call friends or family. You might not know the name or phone number of an attorney, especially if you’ve never been arrested before. In this situation, you should call friends or family and ask them to find an attorney for you.

Do you have to hire an attorney to go to jail?

You have to agree to hire an attorney. Although your family might call someone to go see you in jail, that person isn’t your attorney until you hire him or her. The attorney should send you a “retainer agreement” or “engagement letter” for you to read and sign. The agreement should identify the following:

How do I get a criminal defense lawyer?

You should call an attorney from jail or request a public defender when you appear before the judge. Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible.

How do you get someone out of jail without a lawyer?

The key to getting someone out of jail usually involves paying bail. But before being released, a defendant must complete the booking process, a bureaucratic, often humiliating, procedure. Once that’s completed, the defendant can post bail according to a bail schedule and get released.

image

What Does It Mean To Get Arrested

A person is said to be “ arrested ” when the police or law enforcement officers take the person into custody or apprehended the person.

The Arrest Process

Once a person is arrested, the next step is for the person to be searched.

When To Call An Attorney

Once you are arrested, you have the right to ask to speak to an attorney.

What happens if you can't afford an attorney?

In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

What happens if a bail bond company fails to appear?

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court.

What is bail in court?

Bail is security (money or property) that a defendant posts with a court . The payment does two things: It grants the defendant freedom (at least until the date of trial); and it discourages the defendant from skipping town (or the trial).

What is the advantage of paying scheduled bail?

The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. The disadvantage is that if the defendant waits to argue for a lower amount, a judge may set lower bail than the schedule.

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

What is the purpose of bail?

A judge sets bail based on factors such as: the defendant's financial condition. The purpose of bail is not to punish the defendant. When it comes to common crimes—for example, shoplifting or reckless driving—the police sometimes use preset bail schedules.

What is the next step in bail?

Making Bail or Staying Put. The next step involves bail. Mainly, it involves getting bailed out or being kept in jail. Interrogation and lawyers might not be involved depending on why the suspect is arrested. However, bail will always be significant. Bail is based on the crime, though a judge can raise or lower it.

What to expect during a first court appearance?

You can expect several things during the first court appearance, including: The charges are revealed. The defendant is notified of their right to counsel and potentially assigned a public defender. Bail is decided. PRO TIP: Read this article on how to prepare for a court appearance.

What is DNA taken through?

DNA sample, which is generally taken through a cheek swab. Details about the arrest and the suspect. A big part of the booking process is including everything in the system. This not only gives the police a detailed record of the event and suspect, but it allows them to check it against other cases.

What is the first court appearance?

The first court appearance is where prosecutors get involved. There are exceptions, but for most arrests, the prosecution reviews the police report and files charges. At this point, you go from suspect to defendant.

What are the rights of a lawyer?

The right to remain silent. The right to consult an attorney. The right to exercise the above rights at any time. Use your rights. Whether you are guilty or not, a lawyer will be a calm, collected presence during a stressful time.

Is being arrested stressful?

Regardless of the crime, being arrested is a stressful event. Not only does it mean that the police will detain you, but it is usually the first step in a series of events that will include a trial and potential penalties, including incarceration. No matter what happens after, though, the first step will always be the arrest itself.

Can a suspect be released after arrest?

In those cases, the suspect is given a court date, much like those cited and released after the arrest. If that is not the case due to the severity of the crime, the suspect is kept in jail, which will not change until their first court appearance. In fact, this can last longer.

Peter Wade Kolp

Yes. I recommend checking to see if both cases are sealed and dismissed. You can get a certificate of disposition at 100 centre street for $10 and confirm sealing. This expunged your dismissed cases. If they weren't dismissed or if you rec'd an A misdemeanor on your criminal record likely you must just be forthright with your ethics committee.

Lawrence H. Schoenbach

Relax. Your arrests will no, in and of themselves, be a bar (no pun intended) to admission to either law school or the profession. Assuming that you are admitted to law school, pass law school, and pass the bar there will then be an interview with (at least in New York) the Committee on Character and Fitness.

Benjamin Ostrer

Admission to law school and the bar are on a case by case basis. I have a client currently attending law school with a felony conviction. I also know of several people who have been admitted or re-admitted to practice despite felony convictions.

John Joseph Brosnan

Neither incident is an automatic bar to becoming admitted. Although you are right that it will definitely come up during the character and fitness interview part of the admissions process.

Joshua Paul Bannister

You'll need to disclose these on both your law school & bar applications. If you can demonstrate that you learned from your mistakes then you should be fine. Best of luck.

John M. Cromwell

Neither incident would seem to be an absolute bar to either law school or admission to the bar.

Andrew M. Stengel

Yes, it is possible. You would have to explain the circumstances in an honest way during your character and fitness interview. But there is no guarantee.

image