Guarantees of a Fair Trial

Question 1

When does right to counsel attach?

Answer 1

All critical stages of the proceedings that affect ∆’s right to fair trial

Question 2

What triggers right to free counsel at trial?

Answer 2

Actual result: ∆ may not be imprisoned for any offense unless he was represented by trial

Question 3

Proving ineffective assistance of counsel

Answer 3

∆ must prove:

1. Counsel was ineffective = Her performance: fell below a minimum standard of lawyer conduct
2. there is a reasonable probability that the verdict would have been not guilty had counsel been effective

Question 4

Where does right to jury trial attach?

Answer 4

In any criminal proceeding where ∆ faces a potential sentence of longer than 6 months