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The Constitution guarantees the right to have a retained (privately paid
for) attorney in any situation, before or after arrest, in and out of
court. The Constitution guarantees counsel to indigents only if a criminal
proceeding results in, or is likely to result in, a jail sentence being
imposed,; that means indigents are not entitled to a free lawyer if the
charge is only a violation. The right to counsel does not attach only
in the courtroom. There is a right to have counsel present during custodial
questioning by the police or in certain circumstances during a lineup.
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