Jonesboro, AR asked in Civil Rights and Constitutional Law for Arkansas

Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document the specifics of what transpired during the arrest — including the denial of the request for an attorney. Having a detailed account can be beneficial; note down the time, place, names of the officers involved, and the exact series of events to the best of your ability.

Furthermore, if you believe that the public defender is not adequately representing your interests, you have the option to express your concerns to the public defender directly, articulating that you feel your rights have been violated and insist on a robust defense. If the issues persist, you might consider hiring a private attorney, if possible, or request a different public defender, articulating your reasons to the court.

Remember to consistently assert your rights and seek legal advice from a professional who is fully aligned with your interests. It might be beneficial to consult with another attorney for a second opinion on how to proceed given the circumstances of the arrest. Ensure that the 16-year-old does not make any statements to the police in the absence of an attorney to protect his legal rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.