Asked in Criminal Law, Environmental and Civil Rights for California

Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ

another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some research and can't find much

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: law enforcement must give Miranda warnings advising you of your right to remain and that anything you say can be used against you.

you can then refuse to respond.

Remember Silence is Golden and Handcuffs are Silver.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Regarding your first question, California's Constitution and laws require public entities, including local governments and state agencies, to provide certain services to the public. For example, the California Constitution guarantees the right to a public education, and the state's Education Code sets forth the requirements for schools and school districts to provide educational services. Similarly, the California Health and Safety Code requires local governments to provide certain public health services, such as disease control and prevention programs. Additionally, many state and federal laws require public entities to provide certain services, such as public transportation, public housing, and emergency services.

As for your second question, the Sixth Amendment to the U.S. Constitution guarantees the right to counsel in criminal proceedings, and this right has been extended to include the right to consult with an attorney before questioning by law enforcement. The U.S. Supreme Court established this right in the landmark case Miranda v. Arizona (1966), which requires law enforcement officers to inform a suspect of their right to remain silent and their right to consult with an attorney before being questioned.

Under Miranda, the consultation with an attorney can go on as long as necessary to ensure that the suspect understands their rights and the consequences of waiving those rights. However, there is no specific time limit set by the law or the court. It's up to the attorney and the suspect to determine when the consultation is complete.

I hope this information helps! Let me know if you have any further questions.

1 user found this answer helpful

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