6th amendment right to counsel critical stages


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PDF Guidance on the Right to Counsel in Legal Financial Obligation Cases

The right to counsel applies to all “critical stages” which include a lineup or showup after formal charges are brought preliminary hearing trial 

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The Sixth Amendment right to counsel attaches once adversarial judicial proceedings have commenced and applies to any critical stage thereafter Other 

  • Stincer, a critical stage of proceeding is any stage in which the defendant's presence has a reasonably substantial relation to their ability to defend themselves.
    Further cases have concluded that a critical stage of proceeding is one in which the defendant's presence increases the fairness of the proceeding.

Arraignments, plea negotiations, and sentencing hearings, for example, are all critical stages of a case. If counsel is not present at every one of these  Autres questions
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