Being a court-appointed defense lawyer: a baptism of fire

"You are under arrest. You have the right to remain silent. If you give up this right, anything you say can and will be used against you in a court of law. You have the right to a lawyer and to have a lawyer present during questioning. If you cannot afford one, one will be appointed for you." These sentences take us straight back to our memories of American police dramas, from NYPD to Law and Order. They mark the end of the game for a murderer finally unmasked, or the panic of a well-connected young person who doesn't understand what's happening to him or her.

While the reading of rights may not be as meticulous on this side of the Atlantic, one constant remains: anyone apprehended by the police has the right to see a lawyer. "But beware: in real life, it's not like in the movies, " points out Sam Pletsch, Avocat à la Cour and partner at Guetti & Dobek. "The police must read the person their rights, and one of them is to be assisted by a lawyer at every stage of the procedure. But if the person doesn't want it, they say so and the hearing can go ahead without a lawyer." However, if the person is transferred to the investigating judge's chambers to be heard by an investigating judge, "very often the investigating judge encourages the persons heard to be assisted by a lawyer. Because if the case goes to the examining magistrate, it's generally because it's something serious."