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You cannot be released solely to seek an attorney, but you don't have to use a public defender. If you're released on bond, you can use the time to find a lawyer. Otherwise, you'll have to find help through a friend or family member. The court can probably refer you to a private attorney as well. The previous answer is correct. To expand on it a bit though, here are the usual scenarios after an arrest: 1. You are booked by the police and then released, without having to post bail, after you sign a "promise to appear" in court (which is usually about a month later). 2. You post the bail set by the jailer, and sign a promise to appear. 3. If neither of the above occur, you are transported to court for your arraignment. The judge will do one of two things. First, he could release you O/R (i.e. on your own recognizance). You do not need to post bail. 4. He will set bail, which will not necessarily be the same amount as the jailer set. As to whether he will release you O/R or set bail, he will consider the seriousness of the crime(s) charged, the degree of danger you pose to the community, your criminal history, whether you are a flight risk, etc. What he will NOT consider is whether you will be seeking a private attorney or using the public defender.

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Q: When arrested can you be released to seek an attorney and not use public defender?
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