Right To Counsel Flashcards
Right to counsel of one’s choice
6th amendment allows atty rep of choice unless atty doesn’t want to rep the D or if someone of previous or ongoing relationship. Must guarantee effective advocate for each criminal D, atty didn’t do something poorly and no prejudice. This doesn’t apply to defendants or indigents who require atty rep be assigned.
Right to appointed counsel
D must have reasonable time and opportunity to secure counsel, 6th amendment requires appointment of counsel for jail sentence (can have conviction but no jail without attorney-suspended sentence and probation count as jail), indigent required to have attorney, always right to counsel due to fundamental fairness
When right to counsel first attaches
No right to atty at pre-indictment lineup, but right to atty before first court appearance
Right to self representation
6th amendment implies right to self representation, D must be informed of nature and cause of action, must be informed of dangers and disadvantages of self rep, mentally ill cannot rep themselves
Right to effective assistance of counsel
Must have atty, atty must be competent, right to atty begins before trial and must be at every critical stage
Ineffective assistance of counsel IAC
Deficient performance i.e. serious errors, and prejudice i.e. different result if it weren’t for the deficiency
Plea bargain
Atty must communicate formal offers for plea bargains
Right to counsel at appellate level
Convicted D has right to appointed counsel for his first appeal. Denial of counsel to indigent is discrimination. NC - atty rep needed at trial but due process clause doesn’t require at appellate level. MI - looks to merits of claim before hearing it, and believes indigents are generally ill equipped to rep themselves.
Right to transcripts
Indigent can’t go to appeal without transcripts/records. Due process and equal protection clause of 14th amend require all indigent D’s be furnished a transcript. Even if they aren’t imprisoned and are only fined, they still have a right to records.
Right to assistance of expert witness
Due process clause of 14th amend requires fundamental fairness - state can’t proceed against D without allowing him to build an effective defense i.e. have access to raw materials integral to furnishing expert witness
Right to counsel in quasi-criminal proceedings
Atty rep allowed at combined revocation and sentencing hearing, counsel required at every stage of criminal proceeding where substantial rights of accused criminal may be affected. Some JX’s believe this is case-by-case…look to whether they committed the violation or whether they are capable for speaking for themselves. Right to counsel exists where litigant may lose physical liberty if he loses litigation - due process clause o 14th amendment.
