600.048. Right to counsel, notice posted, where, contents--request for counsel, procedure--privacy rights. - Missouri Statutes

Right to counsel, notice posted, where, contents--request for counsel,procedure--privacy rights.

600.048. 1. It shall be the duty of every person in chargeof a jail, police station, constable's or sheriff's office, ordetention facility provided by any county to post in aconspicuous place a notice stating in effect:

(1) That every person held in custody under a charge orsuspicion of a crime is entitled to have a lawyer;

(2) That if any such person is held in custody in connectionwith any of the cases or proceedings set out in section 600.042,and wants a lawyer to represent him and is unable, withoutsubstantial financial hardship to himself or his dependents, toobtain a lawyer, the state will provide a lawyer to represent himif he requests such representation; and

(3) That if the state provides a lawyer for him, he may beliable to the state for the cost of the services and expenses ofthe lawyer who handles his case if he is or will be able to payall or any part of such costs.The notice shall also contain a listing of the cases andproceedings for which defender services are available undersection 600.042, and the telephone number of a person oranswering service to call to request that a person designated bythe state public defender system visit and interview him, andgive him further information.

2. A person who is charged or detained in any case listed insection 600.042 or who appears in court without counsel at anystage of a case, or any other person on behalf of such person,may request that legal representation be furnished to him by thestate. The court or any person representing the state publicdefender system to whom such request is made shall first give hima copy of the notice referred to in subsection 1 of this sectionor call the posted notice to his attention and permit him to readit or explain it to him. If such person renews a request forstate public defender system services, he shall be required tocomplete and sign an affidavit in accordance with section600.086. He shall be orally informed of the punishment forintentionally falsifying such affidavit.

3. It shall be the duty of every person in charge of a jail,police station, constable's or sheriff's office, or detentionfacility to make a room or place available therein where anyperson held in custody under a charge or suspicion of a crimewill be able to talk privately with his lawyer, his lawyer'srepresentative, or any authorized person responding to hisrequest for an interview concerning his right to counsel.

(L. 1982 H.B. 1169)

Effective 4-1-82

(1991) Defendant''s confession was not rendered "unknowing and involuntary" per se when police officer failed to provide information required under this section to be posted in a conspicuous place. Statute does not establish substantive rights greater than those in Miranda. State V. Bittick, 806 S.W.2d 652 (Mo. en banc).