Full Answer
Despite knowing this, many inmates insist on talking on the phone, trusting in codes and vague terms to protect them. This is a mistake. Similarly, you won’t fool anybody by using another inmate’s pin, 3 way calling, etc. It has all been tried ad nauseum and you will likely get caught.
No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present.
Jail is not a fun place to be and you may be freaking out about life on the outside or dying of boredom, but the phone lines can be a devastating mistake for the unwary. It is critical you have an experienced attorney who can help you stay connected to your case and your life without risking your friends or family.
While you’re being held, the quality of your experience is going to depend on which jail you’re being held. Some jails are more spacious than others. Some guards are more lenient or speedy in giving privileges. They can’t discriminate but they have discretion.
As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client's consent. Importantly, this privilege applies to the lawyer's prospective clients, as well as actual clients.
Should you? In almost all cases, the answer to that question is “no.” In California, you are protected by attorney-client privilege. California Evidence Code 954 states that you nor your attorney need disclose any information that you have disclosed in confidence.
It's now a violation of legal ethics in California for a lawyer to have sex with a client, unless their intimate relationship preceded their professional relationship.
The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege. That generally means that the prosecution can force the third party to reveal the contents of the conversation.
You can not sue your lawyer for calling you names and yelling at you.
The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
Adam Lefkowitz. Generally, no. The mere fact that the girlfriend is the client is not an ethical violation. Like all other cases, it is only if there are other specific facts or circumstances that impact on the integrity of the relationship that there is a potential ethical...
Can my lawyer represent me if he knows I'm guilty? Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent.
In general principle, the relationship of lawyer and client is contractual. . . . It is also a relation of agency, and its general contours are governed by the same rules. . . . It is, nevertheless, distinguished from other types of agency by its highly fiduciary quality and by the limit of its scope . . . .
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
The answer is yes. A lawyer can report you to the police. A lawyer can tell the police that you probably committed a crime.
(the “Rules”), which precludes an attorney from testifying against his client on certain matters. As a disqualification, the attorney is ethically obliged to claim the privilege for the client as it is not self-enforcing.
How much is enough - daily? Some people do not do time well. They call their attorneys several times a day, and complain about not having contact even though contact was sufficient to handle the matter. We are not social workers. And you are not the attorney's client.
This is the most common complaint about any attorney, criminal defense or otherwise. Unfortunately, it can be difficult to touch base with your attorney at the same time they are available. To answer your question, there is no constitutional right that grants a certain amount of time to have access to your attorney.
I do not practice in MT, but in my state, KY, an inmate can call his attorney by telephone. It is usually a collect phone call that my secretary accepts on my behalf. This is useful to keep in touch without making a jail visit.
When you’re taken into jail and processed, you can expect some discomfort. Nobody likes being handled or forcibly walked around in handcuffs. But you should expect your experience to be free of humiliation or undue force. Regardless, prepare yourself mentally for not having full control of your physical situation.
If you’re loud or verbally abusive you might not get the treatment you want. You may have to tell the officer the name of your attorney and they’ll make the call. You have a right to an attorney, but not a phone call. Don’t demand your “one phone call” unless you want to wait longer for a phone call.
You’re also allowed to practice your religion, but you won’t be granted any special privileges. By law, you may practice your religion if it doesn’t affect the jailhouse process. For an example, if you’re in the middle of processing you can’t expect for the process to stop for you to kneel.
You should never be forced to endure violence in jail because of your sexual orientation. If you’re transgender and going through hormone treatment, you may not be entitled to medicine during short stays. (For stays in New York prisons, transgender prisoners can expect hormone treatment.)
Instead of being moved to a different area consistent with your orientation, you may be placed in a solitary confinement for your protection. LGBTQ rights in jail is an issue that’s filled with controversy. As always, if you feel you were harmed, neglected, or abused, talk to your attorney.
When being processed you’ll have your photo taken and you’ll give your fingerprints. In New York, only criminals convicted of misdemeanors and felonies have to give DNA. But in 2013 the Supreme Court ruled that your DNA may be taken when you’re arrested.
You can’t expect to have access to your mobile phone so always have important numbers memorized if there’s anyone else you want to call. I encourage anyone to have an attorney on speed dial. Even if you haven’t needed them yet it’s still a good idea. You never know when you might be arrested.
If you have a friend or loved one in jail, it is important you help them follow this advice . If they insist on talking about their case or something that can hurt their chances of getting out of jail, hang up the phone. Tough love now is better than a prison sentence and it may fall on you, in the beginning, to help build up the discipline necessary to avoid making mistakes.
Even if you are not talking about breaking the law or confessing to a crime, you can be giving up valuable information and defense strategies. Clients may find their attempts to post bond thwarted by comments made over the phone, whether about how much money they have or their plans if they are released.
In fact, inmates are typically able to use the phones pretty freely, which can be very helpful in trying to coordinate with family, banks, lawyers, bondsman, etc. That being said, jail phone calls can be an extremely dangerous pitfall for those who fail to heed this warning – all inmate phone calls are recorded, ...
Regardless of the reasons, inmates make phone calls from jail every day about a wide variety of topics and, contrary to the popular perception, you’re generally not restricted to just one phone call. In fact, inmates are typically able to use the phones pretty freely, which can be very helpful in trying to coordinate with family, banks, lawyers, ...
Defending against criminal charges is a difficult task. Do not do anything to make the job harder or, put another way, anything to make the State's job easier. Jail is not a fun place to be and you may be freaking out about life on the outside or dying of boredom, but the phone lines can be a devastating mistake for the unwary.