2009 Missouri Revised Statutes
Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 600 Public Defenders
600.048. 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 charge of a jail, police station, constable's or sheriff's office, or detention facility provided by any county to post in a conspicuous place a notice stating in effect:

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

(2) That if any such person is held in custody in connection with any of the cases or proceedings set out in section 600.042, and wants a lawyer to represent him and is unable, without substantial financial hardship to himself or his dependents, to obtain a lawyer, the state will provide a lawyer to represent him if he requests such representation; and

(3) That if the state provides a lawyer for him, he may be liable to the state for the cost of the services and expenses of the lawyer who handles his case if he is or will be able to pay all or any part of such costs. The notice shall also contain a listing of the cases and proceedings for which defender services are available under section 600.042, and the telephone number of a person or answering service to call to request that a person designated by the state public defender system visit and interview him, and give him further information.

2. A person who is charged or detained in any case listed in section 600.042 or who appears in court without counsel at any stage of a case, or any other person on behalf of such person, may request that legal representation be furnished to him by the state. The court or any person representing the state public defender system to whom such request is made shall first give him a copy of the notice referred to in subsection 1 of this section or call the posted notice to his attention and permit him to read it or explain it to him. If such person renews a request for state public defender system services, he shall be required to complete and sign an affidavit in accordance with section 600.086. He shall be orally informed of the punishment for intentionally 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 detention facility to make a room or place available therein where any person held in custody under a charge or suspicion of a crime will be able to talk privately with his lawyer, his lawyer's representative, or any authorized person responding to his request 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).