Search results
Results from the WOW.Com Content Network
Exactly which defendants qualify as "indigent" also varies by jurisdiction: Often a state will stipulate a maximum income threshold above which a defendant is not considered to be indigent, and thus does not qualify for a public defender. This threshold may vary depending on the severity of the crime with which a defendant is charged.
On remand, 153 So. 2d 299 (Fla. 1963); defendant acquitted, Bay County, Florida Circuit Court (1963) Holding; The Sixth Amendment right to counsel is a fundamental right applied to the states via the Fourteenth Amendment to the United States Constitution's Due Process Clause, and requires that indigent criminal defendants be provided counsel at ...
Wainwright, 372 U.S. 335 (1963), ruled that counsel must be provided to indigent defendants in all felony cases, overruling Betts v. Brady , 316 U.S. 455 (1942), in which the Court ruled that state courts had to appoint counsel only when the defendant demonstrated "special circumstances" requiring the assistance of counsel.
The High Court of Australia ruled in Dietrich v The Queen that while indigent defendants are not entitled to legal defense as a guaranteed right, a judge should typically grant a request for an adjournment or stay in most serious criminal cases where a defendant is unrepresented, and should allow a trial where a defendant accused of a serious ...
For many defendants, it is in their best interest to testify against co-defendants in exchange for a reduced sentence. 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.
A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that: (1) the defendant is not indigent and has failed ...
Wainwright, which established the right of an indigent felony defendant to be provided a trial attorney. Later Supreme Court cases have considered how early in the criminal process this right attaches, whether it applies to misdemeanors, and whether it applies to appeals from convictions.
As the district court found, 'the system is discriminatory: not all criminal defendants who pose a real and present danger to the public are indigent, but Cullman County detains only indigent ...