“You have the right to a call” This phrase has been heard in American movies and series ad nauseam, but what is true in this and other statements regarding lawyers and trials that we hear in movies or television? In this post we reveal it to you:
- Do I have the right to a call if I am detained? Yes, when the police arrest a person they have the right to notify a family member of the situation, as well as call a lawyer.
– If I am detained, Can I talk to a lawyer before testifying? No. The interview with the lawyer is always after the statement, although the lawyer will attend it, but what he can do is take advantage of his right not to testify, so that you can later have a meeting with your lawyer for his statement before the Judge. However, a new European regulation will allow a prior interview with the lawyer, when it comes into force.
- Do I have the right to remain silent and can anything I say be used against me? It is a very "ridiculous" phrase from the American police, but it has some truth, and that is that what you declare at police headquarters will be recorded in a Record and can serve as evidence in the trial.
- Is the popular jury used in Spain? Yes, there are trials by popular jury, which are reserved to prosecute certain crimes: homicide, threats, bribery, embezzlement of public funds and others provided for in the Jury Law.
- If I cannot afford a lawyer, will one be assigned to me ex officio? When a person has to face a judicial process in which the use of a lawyer is mandatory, they must indicate who the lawyer who will represent them will be (a lawyer hired by this person). If you do not know any lawyer or for any reason none is appointed, the law establishes that one be assigned ex officio, that is, that a lawyer on duty will be the one who handles your case. But we will have to pay this lawyer the same fees as if we had hired him, being a public defender does not mean it is free.
