On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 32
advocating for you in court. Although many people may be on your side to
give you advice, a lawyer is a trained expert who understands how courts
and trials work.
Your right to a lawyer doesn’t just mean that you have the right to a lawyer
when you go to court; it also means you have the right to talk to a lawyer
before and during any questioning by the police, wherever you are being
held. If you have questions about what is happening, or you are unsure
whether to talk to the police or remain silent, you should ask for a lawyer.
To ask for a lawyer, you can simply state: “I want a lawyer.” If you can’t
afford a lawyer, you are entitled to a court-appointed lawyer for free. As
soon as you ask for a lawyer, all questioning by the police must stop. You
might not get a lawyer immediately, but until you do there should be no
further interrogation unless you consent to it.
In sum:
x You have the right to have the arresting officer inform you of your
rights;
x You have the right to remain silent—you do not need to answer
any questions;
x You have the right to call a lawyer and to consult with a lawyer
before answering any questions, or at any point when you are
being detained;
x You have a right to be released on bail before trial in almost all
cases (see below).
What happens if I go to court? What is bail?
After being arrested, you have the right to be taken before a court official
(judge or magistrate) without any unnecessary delay and to be informed
of the charge(s) against you. This is when you will be assigned a free lawyer
if you can’t afford one.
Bail is the temporary release of an accused person awaiting trial,
sometimes on the condition that a sum of money be lodged to guarantee
their appearance in court. You have the right to be released on bail before
trial in almost all cases. Your release may be conditioned on the deposit of
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