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If an individual is arrested or detained they may have the right to consult with a lawyer or attorney. That right may be part of constitutional law, judge made law, or a particular statute. The right to the consultation may be long or short, in person or over the telephone, under the control of the police or in privacy, all depending on the jurisdiction and the context. The person charged may or may not have the right to choose a particular lawyer or attorney to consult. "Counsel of choice" refers to the right to consult with the particular lawyer or attorney that the detainee chooses, not simply one chosen by the police or supplied by the government.
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In Canada we generally have a right to choose our own lawyer. However, where the police are under time constraints, the Court may conclude that the individual should have spoken to a 24 hour duty counsel when offered the opportunity rather than holding out for their unavailable lawyer of choice.
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This DUI Law page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: concepts, words, issues, and ideas. This site is not intended to provide DUI legal advice to the public. Members of the public with DUI law questions should consult and retain a DUI lawyer or attorney for proper legal advice. Because this information comes from many sources who may not be DUI law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.
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