ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

Lawyers and Criminal Law

If the police arrest a friend or a relative, may I send a lawyer to the jail to offer help?

Yes, but the right to counsel is personal to the accused. This means that the person who is under arrest must tell the police that he or she wants a lawyer. In some states, if your friend waives the right to counsel and agrees to talk to the police, the police do not have to tell your friend that you are sending a lawyer. Or, in some states, if your friend has not requested a lawyer, the police are even permitted to turn away the lawyer upon arrival at the station without telling your friend. If a friend telephones you, the best thing you can do is to say that a lawyer is on the way to offer help. Your friend should tell the police that he or she does not want to answer questions until he or she has had the opportunity to talk to a lawyer.