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Private appointed attorneys are entitled to apply to the court for the services of an expert or investigator and the government is required to pay for those services if they are essential to the defense of the accused person. [citation needed]
The right to court-appointed counsel only exists after charges are brought. Following arrest a suspect is entitled to one free visit from a duty lawyer who will provide legal advice, explain the law and procedures involved, and contact the suspect's family, but the suspect must pay for further assistance from the attorney.
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
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 ...
Potter Stewart, the most recent Supreme Court justice initially appointed through a recess appointment Article II, Section 2, Clause 3 of the Constitution empowers the president to fill critical federal executive and judicial branch vacancies unilaterally but temporarily when the Senate is in recess , and thus unavailable to provide advice and ...
Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
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 ...
The Iowa Supreme Court is being asked to consider, again, if state courts can bill poor defendants for their court-appointed lawyers, even when they're acquitted or the charges against them are ...