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In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial ...
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 ...
Gideon appeared in court alone, as he was too poor to afford to hire a defense lawyer. The following conversation took place between Gideon and the judge: [2] The COURT: Mr. Gideon, I am sorry, but I cannot appoint counsel to represent you in this case. Under the laws of the State of Florida, the only time the court can appoint counsel to ...
We have the right to an attorney, the right to trial by jury and the right against Double Jeopardy—not being tried twice for the same alleged offense, and the right to confront witnesses against ...
The Supreme Court ruled 8–1 that effective legal counsel is a right but in order to prove the counsel is ineffective, the defendant needs to prove (1) their lawyer's performance was below a certain standard and (2) there is a chance that if it was not for the ineffectiveness, a different result could have occurred. [18]
Ellis served as Madigan’s chief counsel and special counsel before becoming a state appeals court judge in 2014. ... it was done on the merits,” the defense lawyer insisted.
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
Trump’s lawyers told Merchan before the trial that instead of a “formal” defense of “advice of counsel,” Trump wanted to use a different defense in which he would not waive attorney ...