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Does a person have the right to counsel at trial in a misdemeanor case?
Rschmitz11
Yes and No. In most cases, the court does not provide an attorney for misdemeanors or petty crimes.
The decision in Scott v. Illinois, 440 U.S. 367 (1979) improved protection for misdemeanor defendants, providing court-appointed counsel "in any charge resulting in a sentence of actual imprisonment," regardless of whether the offense was considered a felony or misdemeanor.
In 2002, the Supreme Court further extended the right to counsel to any case where imprisonment is a possibility, even if a judge indicates the sentence will be suspended, in Alabama v. Shelton, 535 US 654 (2002).
Public defenders' offices around the country are currently overburdened by large caseloads, which has lead some states to relax their laws about what level of crime triggers appointment of free counsel. In 2008, a Florida judge ruled that public defenders could decline cases involving lesser felonies. This ruling may be challenged in the future.
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Can the accused insist on his right to counsel of his choice during trial?
No. He is entitled to appointed legal counsel but entitled to the legal counsel of his choice.
During court martial who represents the accused?
what is the primary determinant of human behavior
What are the two types of courts martial counsel?
Trial. defense
What are 2 types of courtmartial counsel?
Trial counsel and Defense counsel.
A person accused of a crime has the right to speedy trial?
That depends on the law of the country that person is in. In many country's the evidence is weighed by judges only, rather then letting any tom dick and harry make these life changing decisions
Right to be represented by lawyer?
This is in Bhutanese ContextRight to counsel or lawyer is generally regarded as a constituent of the right to fair trial, allowing for the defendant to be assisted by counsel, and if he cannot afford his own lawyer, requiring that the government should appoint one for him, or pay his legal expenses.[1] Article 7(21) requires the assistance of counsel for the accused in all criminal prosecution. This means that a defendant has a fundamental right to be represented by a counsel or lawyer during trial. It also means that if the defendant cannot afford a lawyer, in almost all instances the government will appoint one to handle the case, at no cost to the defendant. This right shall encompass right to consult or to be represented by lawyer at almost every important phase of the criminal process, typically from arrest through the trial.[2] This provision guarantees not mere right to consult and to be presented by counsel but it advocates that the suspect is entitled to consult or to be represented by the lawyer or counsel of his or her choice.Under this provision, a person shall have the right to defend, consult and be presented by a lawyer or counsel so that the fair trial is not sacrificed at any cost. Right to legal representative is an elementary feature of the fair dispensation of justice, meaning no one should be deprived of his liberty due to his disadvantage. Moreover, this provision is not merely a guarantee of a right to counsel for disadvantaged persons, but it is also a guarantee against government actions which restricts the right of a person to consult or to be represented by the lawyer of his choice. In other words, a person arrested and put on his defense against a criminal charge which may result in penalty, is entitled to the right to defend himself with the aid or counsel and any law or government action that takes away this right offends the protection guaranteed by Article 7(21) of the Constitution.However, the right guaranteed by Article 7(21) is an optional right. It is not necessary that person should somehow have a legal counsel or a person should consult or be represented by a legal counsel. The discretion lies in the hand of the respective person. It is individual choice whether he or she want to have a legal counsel or not. When person chooses to have a legal counsel the government cannot in any means restrict his or her right to consult or to be represented by a legal counsel.[1] http://en.wikipedia.org/wiki/Right_to_counsel[2]http://criminal.findlaw.com/crimes/criminal_rights/criminal_rights_courtroom/right_to_counsel.html
What are four rights a citizen has in court?
The right to a speedy trial - to be confronted by their accuser - the right to counsel - a jury of their peers (in certain cases).
How are the Gideon and Escobedo and Miranda cases similar?
All three cases dealt with a person's rights when arrested/on trial. Gideon dealt with the right of court-appointed representation, Escobedo, the right to counsel, and Miranda, right to remain silent when arrested.
What are the two types of court-martial counsel?
Trial and Defense Counsel
What are the two type of court-martial counsel?
Trial and Defense Counsel
What are the two types of courts-martial counsel?
Trial and Defense Counsel
What are two types of court-martial counsel?
Trial and Defense Counsel
