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A criminal defendant cannot simply fire a court-appointed attorney. The trial judge has discretion whether or not to appoint new counsel on request of the defendant. A Marsden motion is a unique means by which a criminal defendant can communicate with the court. A criminal defendant who is represented by counsel can only communicate with the ...
The court can appoint any lawyer as counsel to a specific defendant, and a defendant may select a specific lawyer. The defendant will not be charged for legal services if acquitted, but will be liable to pay the lawyer's expenses if convicted unless the court finds that the defendant is indigent. [ 21 ]
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
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Nov. 18—A man awaiting trial on a capital murder charge for allegedly hiring two men to kill his ex-wife will have to hire an attorney after it was determined that he no longer qualifies for a ...
Sixty-one years ago, the U.S. Supreme Court decided Gideon v. Wainwright , ruling unanimously that criminal defendants in state courts had the right to the assistance of counsel guaranteed by the ...
To ensure that each defendant is afforded their constitutional right to an effective defense, jurisdictions may have several public defender entities, or a "conflict panel" of private practice attorneys. This enables the court to assign each defendant an attorney from a completely separate office, thereby guarding against the risk of one client ...
When the U.S. Attorney General determines that an emergency exists, the Attorney General may authorize the emergency employment of electronic surveillance before obtaining the necessary authorization from the FISC, if the Attorney General or their designee notifies a judge of the court at the time of authorization and applies for a warrant as ...
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