Crime & Traffic

Do I have a right to a court-appointed attorney at the police station?

In Illinois, a person has the right to consult with an attorney “alone and in private” at the police station. 725 ILCS 5/103-4. While often, this means a private attorney, in some places, such as Cook County, the Law Office of the Cook County Public Defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer is appointed as counsel Another name for a lawyer for any person in detention at a police station. You can access this attorney by calling (844) 817-4448. You have the right to make this call at the police station. 

Additionally, police officers in Illinois must provide an attorney to juveniles under the age of 15 who are being interrogated regarding a murder or sex crime. 705 ILCS 405/5-170(a).

Do I have a right to a court-appointed attorney in a criminal case?

The Sixth Amendment to the U.S. Constitution guarantees you the right to have a lawyer Someone who represents clients in courts or who gives legal advice for criminal prosecutions. This right is so critical that in 1963, in the case of Gideon v. Wainwright, the Supreme Court decided anyone who is accused of a crime and cannot afford a lawyer will receive one from the state. This rule is upheld when the person accused of a crime (criminal defendant The person or organization being sued in a lawsuit ) faces possible imprisonment. This article explains some of the specific guarantees, protections, and limitations provided by this law. First, let’s cover what is protected under the Sixth Amendment and when.

Criminal proceedings

If you are in court because you were accused of a crime, you are a criminal defendant in a criminal proceeding. If you are currently imprisoned or face imprisonment for at least one year, you have the right to a criminal defense lawyer during the following phases:

• Interrogation*,
• Trial When the issues of a case are heard in court and decided by a judge or jury , and
• Sentencing.

*Note: there is some disagreement about the scope of the Sixth Amendment. It may not be the case that a free lawyer will show up whenever someone is being interrogated. 

What about civil proceedings?

Criminal proceedings are for people accused of a crime. Civil proceedings are for people who need to settle To resolve a case before finishing a trial disputes. For example, divorce, distribution of land, and injury cases are all civil proceedings. The Sixth Amendment does not apply to federal civil proceedings, including deportation proceedings.

In federal civil cases, however, a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. may request that an attorney be appointed by the Court. You can do this by filing a “Motion A request to the judge to make the court or a party in the case do something for Attorney Representation” with the Court after your case is filed. You should find this form on the website of the federal court in your area. In Chicago, this form is available on the Northern District of Illinois court website. 

Please note that the public defender may represent noncitizens in immigration cases in Illinois counties with a population over 3,000,000 (Cook County). There are some exceptions to civil proceedings the courts have recognized. They are in the following categories:

• Delinquency Amount of back support accumulating after order is entered. hearings for juveniles,
• Cases of abuse or neglect When a person acts with less care or caution than a regular person would have in the same situation ,
• Civil forfeiture of residence,
• Hearings for active military,
• Some termination When something ends of parental rights or child custody hearings, and
• Some civil contempt cases.

Some states use their own constitution and court rulings to build upon their federal rights. This means you are protected by both the U.S. Constitution and your state constitution.

Some things to know

The defendant is responsible for demanding their right to a lawyer. This means if you are accused of a crime, you have to demand a lawyer. Law enforcement should let you know of your right to a lawyer. However, they may not ask if you want one. They also do not have to simplify questions for you, though minors are required to be read a simplified version of the rights available to all persons in police custody.

Why you should exercise this right

You cannot put a price on your freedom. If you might be imprisoned, you owe it to yourself to defend your freedom. The way to best do that is getting a capable attorney. The sooner you do, the more favorable the outcome of your case will be. You will better your chances at winning a trial. Any lawyer, court-appointed or not, will help make sure your constitutional rights are not violated and that you put forth the strongest defense possible.