In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Limits on the Right to Retained Counsel. Wainwright is regarded as having consolidated a right to counsel at trial in the Sixth Amendment, be the trial federal or state or counsel retained or appointed. The pre- Gideon cases often spoke of the right to retain counsel expansively. Thus, in Chandler v. A necessary corollary is that a defendant must be given a reasonable opportunity to employ and consult with counsel; otherwise, the right to be heard by counsel would be of little worth.
Though there is a presumption under the Sixth Amendment that a defendant may retain counsel of choice, the right to choose a particular attorney is not absolute. In Wheat v. A defendant, for example, is not entitled to an advocate who is not a member of the bar, nor may a defendant insist on representation by an attorney who denies counsel for financial reasons or otherwise, nor may a defendant demand the services of a lawyer who may be compromised by past or ongoing relationships with the Government.
That is not true. Through a long series of cases, the Court has said the right to counsel is the right to an effective attorney. Lawyers cannot be effective unless they work within indigent defense systems that ensure their independence, provide training, and impart supervision, among other systematic safeguards. Unfortunately, in the over half-century since the U.
Supreme Court affirmed that the right to counsel is an obligation of state governments, carrying out this simple concept has become more and more complicated. The difficult realities of local governance — providing critical social services like roads, hospitals, and schools, while keeping our communities safe, all with limited tax dollars available — cause policymakers to continually look for ways to meet the absolute minimum demands of the Constitution while doing so at the lowest cost possible.
Even in their best efforts, many jurisdictions struggle to fulfill the Sixth Amendment guarantee for each defendant in every criminal case. The Sixth Amendment to the Constitution grants defendants the right to have a lawyer when facing criminal charges that could result in imprisonment.
Defendants may hire a private attorney of their choosing, but for those who can't afford to hire their own attorney, the court will appoint one. The government pays for appointed counsel—sometimes referred to as a public defender. The determination of who's able or unable to afford an attorney varies from jurisdiction to jurisdiction.
Courts consider several factors in assessing a defendant's ability to pay for an attorney. Employment status, assets, and income all come into play, as well as the cost of counsel in that jurisdiction. And just because a defendant has a job doesn't mean the defendant can necessarily afford an attorney. Courts will try to determine whether paying for a lawyer would cause the defendant substantial hardship. They will take into account the defendant's financial obligations like rent, liabilities, and support obligations.
But generally, neither a defendant's non-liquid assets nor the assets of a defendant's relatives should be considered. Defendants have a right to a lawyer when facing criminal charges that could result in imprisonment. It doesn't matter how long the imprisonment is or if it even happens at all, all that matters is that jail or prison time is possible.
For instance, a defendant facing a misdemeanor charge with a maximum sentence of six months in jail has the right to a lawyer, even if the actual sentence turns out to be a fine and probation with no jail time.
Most traffic violations don't warrant the appointment of counsel because the possible consequences are fines and losing your license, not jail time. Similarly, defendants in civil cases do not have the right to an attorney, except in very rare cases where the potential for loss of liberty exists, like in contempt cases. Children or youth in juvenile delinquency proceedings also have the right to have a lawyer to represent them.
Defendants are entitled to have an attorney present at all "critical stages" of criminal proceedings. Critical stages.
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