Questions tagged [right-to-counsel]

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2
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1answer
63 views

Right to court-appointed attorney for driver license suspension?

Do I have the right to a court appointed attorney if I can not afford an attorney and I am not facing jail time even though I am facing suspension of licence and points against them.
-3
votes
3answers
108 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
1
vote
1answer
172 views

What is purpose of a lawyer “lawyering up?”

I've read/heard on the recent news that on an ongoing case, lawyer of a person, himself, has lawyered up (actually, I heard that about the Trump's lawyer, here, or here but please don't derail the ...
1
vote
0answers
29 views

Requesting a Public Defender?

When summoned to appear in court for arraignment over Disorderly Conduct (misdemeanor) charge, when will the accused be allowed to request a Public Defender? Is this something the accused should ...
17
votes
2answers
1k views

How is it constitutional to require defendants to pay for counsel?

In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence. (U.S. Constitution, Sixth Amendment.) The last Supreme Court ruling on this ...
9
votes
2answers
1k views

No right to a public defender

In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying. Basically, the court appointed ...
2
votes
1answer
278 views

What if a person cannot find a lawyer willing to fight against a powerful party?

Hereafter, for concision, I use the noun `leviathan' to mean a magisterial, mighty party that can retaliate against lawyers. I restrict this question to First World countries (e.g., the UK), which I ...
14
votes
3answers
2k views

Does the Right to Counsel require qualifications?

In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during ...