pune wrote:I have been reading a couple of Scottish novels. in it, both written by Stuart MacBride, it seems in Scotland. you cannot get a lawyer before you are charged and he/she/they cannot counsel you before your initial statement to the police. Is this true ?
ChrisKen wrote:pune wrote:I have been reading a couple of Scottish novels. in it, both written by Stuart MacBride, it seems in Scotland. you cannot get a lawyer before you are charged and he/she/they cannot counsel you before your initial statement to the police. Is this true?
No. Unless it's an exceptional circumstance after arrest police must wait until legal representation is present before questioning can begin if it's requested. You can request legal council at any time during custody, even if previously declined.
I'm assuming you're US-based. so you may be confusing different terms/definitions and processes. I would guess it's confusion over the fact that; you cannot obtain or be allocated a barrister (specifically the lawyer who defends you in court) until you have been charged. A barrister receives their brief from your solicitor/advocate/legal representation (all lawyers) all of whom can act as legal representation from point of arrest (or before).
The arrest isn't being charged. Charging only occurs during/after investigation leads to "the crown" authorizing the charge(s) based on there being sufficient evidence that could lead to a potential conviction.
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