Can you be held in jail without having a court lawyer appointed to you if you qualify?

Asked on September 10, 2012 under Criminal Law, Massachusetts


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Jail and trial are two related, but different things.  You can be held without an attorney.  Your constitutional right to an attorney attaches during the criminal court process-- like for trial and any pre-trial hearings.  If you qualify, they should go ahead an appoint you one.  If you have requested an attorney, but they refuse to give you one, notify the court at your first court hearing.  If any officer demands or suggests that you give a statement while in custody-- after you have requested and attorney-- then any of these statements can be thrown out later per violations of your constitutional rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.