Now that we have discussed the types of criminal charges in which the defendant has a constitutional right to the assistance of counsel – namely, any case involving the potential of time in jail – it’s equally important for us…
Blog Archives
Understanding Alabama v. Shelton
LaReed Shelton was accused in 1998 in Etoway County, Alabama, of third degree assault. Under state statute, he faced a maximum of one year in jail plus a $2,000 fine if he was convicted. The trial judge warned Mr. Shelton…
Appointing counsel in the post-Scott era
As we discussed last time, the vast majority of misdemeanors in the late 1970s did not result in jail time, and that is still true today. So if there’s no jail time, what happens instead? Does the judge just let…
Drawing the line at Actual Imprisonment
When governments legislate that certain actions are against the law, they will also set a maximum punishment that the courts are allowed to dole out for a violation of each law. Say, twenty-five dollars for jaywalking. Maybe five hundred dollars…
Fundamental Fairness Revisited
Jon Argersinger was nineteen in 1970 when he appeared at his arraignment in a Florida court having been charged with carrying a concealed weapon.[1] He had no lawyer, as he was unable to afford one on his own. The judge…
The Lower Courts in the Post-Gideon Era
Every state crafts its own criminal codes, and each state does so differently from the next. An action that might be classified as a felony offense by the legislature in California, for example, might be a misdemeanor in Nevada. But…
The U.S. Supreme Court has consistently held that the Sixth Amendment right to counsel attaches to any court case (adult or juvenile, civil or criminal) in which an individual faces potential time in jail. But, somewhere, somehow, the requirements of government in meeting this obligation have become increasingly muddled and complicated. The Sixth Amendment Center revisits the history behind the right to counsel to explain what is required of state and local governments under the law, and why.