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Which Supreme Court ruling established the right to an attorney in all criminal felony cases?
Wiki User
∙ 9y ago
The Sixth Amendment actually established the right for charged individuals to have an attorney for their criminal felony cases. Defendants do not have the right to counsel if they are not facing a jail sentence.
Wiki User
∙ 9y ago
Wiki User
∙ 13y agoIn the United States the right to counsel in federal cases was established in the Bill of Rights. That right was gradually adopted in state courts. It was extended to all states by the Supreme Court in Gideon v. Wainwright, 372 US 335 (1963). You can read about it at the link below. See also the link to "Miranda Rights" at that page.
The Sixth Amendment to the United States Constitution grants all persons the right to have defense council for a criminal trial: "In all criminal prosecutions, the accused shall ... have the Assistance of Counsel for his defence."
The US Supreme Court extended the right for those that could not afford an attorney in Powell v. Alabama, 287 U.S. 45 (1932) and in Scott v. Illinois, 440 U.S. 367 (1979), the protection was expanded further, by guaranteeing counsel "in any charge resulting in a sentence of actual imprisonment."
In 2002, the Supreme Court further extended the right to counsel to any case where imprisonment is a possibility, even if the sentence is suspended, in Alabama v. Shelton, 535 US 654 (2002).
There is no right to an attorney in a civil matter. If you can afford an attorney (even partially) then you will typically be required to pay something or represent yourself (pro se).
Case Citation:
Gideon v. Wainwright, 372 US 335 (1963)
Wiki User
∙ 13y agoAs your legal right you're able to have an attorney in any court case.
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