Right to Counsel Flashcards
When does a person charged with a crime have a right to retain counsel?
At any time except before a regular grand jury.
When and how must an accused person be informed of his right to counsel?
If the accused is charged with a crime punishable by death or cofinement, he must be brought before a judge of a court not of record on the first day the court sits after the person is charged.
How long is the accused allowed to take to employ counsel?
A reasonable time.
When does an accused receive appointed counsel?
If a court determines she is indigent.
In what proceedings does appointed counsel repreent the accused?
All proceedings, including appeal, until relieved or replaced.
<p>What are the requirements for the accused to waive right to counsel?</p>
<p>1. The accused must be competent
2. The waiver must be voluntary and intelligently made
3. The court must ascertain by oral examination whether the accused desires to make such a waiver, and if so, provide her with a statement to that effect to sign. If the accused refuses to sign the stmt, it's deemed a waiver of the right to counsel.</p>
May the court try a case without appointing counsel when necessary?
Yes, but no sentence of incarceration may be imposed.
In order to try a case without appointing counsel, what must the court also do?
The court must also, before trial, state in writing sua spote or at the request of the Commonwealth, that a sentence of incarceration will not be imposed if the defendant is convicted.
When may an accused waive the right to counsel?
At any time, even after representation has been obtained, so long as it is voluntary and intelligent.
Must a waiver of the right to counsel be in writing?
No, it may be oral.
Is advise of counsel required for the waiver to be valid?
No.
What is the 6th amendment right to counsel?
in interrogation situations, the accused also has a sixth am. right to counsel if judicial proceedings have begun, and this provides more protection than Miranda.
What are your 6th am rights to counsel?
- an express constitutional guarantee.
- It applies at all critical stages of a criminal prosecution. The right attaches once formal charges are filed (not upon arrest!) and initial appearance triggers the right.
a. e.g. at indictment, when D is presented before a judge on the complaint.
6th am rights are offense specific. What does that mean?
a. applies only to the charges filed. Provides no protection for uncounseled interrogation for other uncharged criminal activity.
What is the rule regarding questioning for another subsequent crime?
ii. If D has counsel for one crime, police can still pick them up later and ask about other crimes.
1. But, under 5th am right to counsel, police cannot make interrogations about any crime during the same questioning for which D has invoked the right to counsel.
2. So, which right to counsel applies is based on when the interrogation is happening and what else happened (e.g. did D already invoke right to counsel, is D being picked up after the initial interrogation where he invoked)
