Indigent defense: the right to an attorney
Everyone has heard the famous lines on the myriad of police television shows and even on “Cops.” That line is from the Supreme Court case Miranda v. Arizona, and it says something like this:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to have an attorney present before and during any questioning. You have the right to end the interview at any time. Do you understand these rights?
The focus of this article today is on the text that is in bold in the above statement: the fact that any person accused of a crime who faces more than a fine as punishment has the right to have an attorney present to assist in their or your defense.
Without criminal defense attorneys to help ensure the truthfulness and equal treatment of all those involved in the criminal justice system, it could be argued that the system would become unbalanced and that the State would take advantage of people who do not know their rights or those who for the For whatever reason, you do not exercise your rights, such as those previously stated.
In Texas, anyone charged with a crime that carries more than a fine, that is, someone who faces even a day in jail as a possible sentence after being convicted, and who cannot afford to hire an attorney can ask the court appointing an attorney at no cost to the defendant.
The Sixth Amendment to the United States Constitution establishes that “In all criminal proceedings, the accused shall have the right … to have the assistance of an attorney for his defense.” Gideon v. Wainwright Recognized:
From the beginning, our constitutions and state and national laws have placed great emphasis on procedural and substantive guarantees designed to ensure fair trials before impartial courts in which all defendants are equal before the law. This noble ideal cannot be realized if the poor man accused of a crime has to face his accusers without a lawyer to help him. 372 US 335, 344 (1963).
It is a general principle that competition generates growth and development. The United States criminal justice system is focused on competition. In fact, it has been labeled an “adversary system.” What this means is that the State with all its resources brings charges against a defendant, who can then proceed to trial, where the decision on guilt or lack of it will be dictated by a judge in a bench trial or a jury in a trial by jury. . While there is a presumption of “innocence until proven guilty”, it is almost certain that a defendant without a lawyer will face obstacles and obstacles that may be insurmountable for him or her. And in this sense, all people, regardless of their level of income and education, have the right to have a lawyer to help them in their defense. It is through this principle of competition that only the guilty will be convicted, at least in theory.
The role of a criminal defense attorney is to require the State to prove all elements of your case beyond a reasonable doubt and to explain to the defendant what options you have to resolve a case, along with the possible consequences of each option. While there are often criminal defense attorneys who advise a client to come forward nolo contendere (unopposed) to a charge, it may be because he or she understands that there is little chance of a “not guilty” verdict at trial and wants to minimize the punishment imposed on the person. This is generally done through a plea bargain process.
When a person is charged with a crime, a defense attorney is the only person whose job it is to fight to protect their rights and must interact with the client to explain the crime the accused is facing, what is the possible range of punishment, and what are there options? for parole, including deferred adjudication or deferred disposition. The client’s attorney must also explain what rights they have and what to anticipate during each stage of the criminal justice process. Next, the attorney should begin to investigate the facts of your case and make sure that law enforcement officers or others involved in the process do not violate constitutionally protected rights.
While it may not be what a Client wants to hear, the role of an attorney is to maintain objectivity and provide advice based on their experience in the jurisdiction where the charges are filed. This includes explaining the possible outcomes if the case is tried. The attorney may negotiate a plea agreement with the State on behalf of the client, which means that in exchange for the Client’s guilty plea or failure to contest, a more favorable disposition or resolution can be obtained.
And of course, if the case goes to trial, the role of a criminal defense attorney is to protect the Client’s interests as much as possible by cross-examining (cross-examining) the State’s witnesses and protecting the evidence by objecting inappropriate questions and offers by the party. of the State. Also, if the strategy is to present a defense, the attorney’s job is to do it as well. But sometimes the best strategy is to simply remain silent … and this could be for multiple reasons. The defense attorney should explain this to the client, but ultimately, it should be the client’s decision, as it is he or she who faces possible conviction.
If you cannot afford to hire a criminal defense attorney, ask the Court to appoint one. Now, there are multiple factors that will affect one’s appointment. For example, if someone posted bail to get out of jail, many judges are hesitant to appoint a lawyer because they believe that if a person can pay for their release, they can pay for a lawyer. This is not always the case and should not prevent a person from requesting an attorney. It is also possible that circumstances have changed from the time of bail to the time a person requests an attorney.
You can also ask the magistrate, probably the first judge you see. If this judge does not appoint an attorney, politely insist, but don’t be discouraged if the answer is still “no.” Every time you see a judge, ask for a lawyer. And don’t give up your rights or get frustrated and stop asking. This is a right of a defendant, one of several. And this is just one of the principles that separates the United States from so many other countries. I repeat, I keep asking for a designated attorney.
You will have to show your financial status by completing some kind of form that asks about income and expenses. When you go to court, if you do not have a lawyer, bring pay stubs, bank statements, and copies of your monthly bills with you to court, especially if you have been released on bail. These documents will help the court determine if you qualify to receive a court-appointed attorney.
Ask, ask, ask … and reapply for the appointment of an attorney.
Sometimes judges and other officials will postpone your request for a court-appointed attorney, usually telling you to try to hire an attorney. If the judge asks or tells you to try to hire an attorney, try to speak with at least two or three different attorneys before your next court date and, if possible, get estimates in writing. If not, just write down who you spoke to, when, and how much you quoted. If you cannot afford the prices that the attorneys are quoting for you, you should go back to court and ask them again to appoint a lawyer for you. Be prepared to inform the court of your efforts to retain an attorney on your own.
Never skip court because you cannot afford an attorney, even if the judge said you had to hire an attorney before your next court date and you don’t have enough money to do so. Continue to request an attorney and fill out written requests for the appointment of an attorney each time you go to court. Skipping court will result in an arrest warrant being issued and a much higher bond set, which could prevent your later release. Additionally, it may result in additional “no show” charges being filed.
In conclusion, the right to have an attorney present is guaranteed in both Texas law and the United States Constitution. Be persistent. Be polite. But don’t give up your rights without the help of an attorney. Speeding up the process will not help you, it is more likely to simply cost you jail time or higher fines / community service hours. All defendants have the right to a lawyer. Know that well and use it!