LYCOS RETRIEVER 
Right to Counsel (Sixth Amendment)
built 262 days ago
Issue: Whether the D's 6th am. right to counsel was violated (where he was identified by a witness without the presence of counsel before he was formally charged with the crime). no
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[U]nder the Douglas decision, a state must provide free counsel to indigent defendants on appeal, if the state offers an appeal as a matter of right. All states do allow one appeal as a matter of right. For discretionary appeals, or appeals that are not granted as a matter of right — such as appeals to the state's highest court in states with a lower reviewing court, and appeals to the U.S. Supreme Court — there is no right to counsel. However, many states maintain laws that provide free counsel to indigent defendants even for these discretionary appeals.
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If your constitutional rights have been violated, counsel should timely file a motion to suppress, and a memorandum in support thereof, and serve copies on other counsel. It is very important to precisely articulate the evidence which counsel believes should be suppressed.
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The Sixth Amendment to the U.S. Constitution holds, in part, that "[i]n all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence." This clause grants to all defendants the right to an attorney from the moment they are taken into police custody.
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Resolution authors reasoned that the majority of Americans are confronted by law enforcement within a period of three years, insinuating that many Arizona citizens are likely to have their rights violated by the fingerprinting policy. Authors ... claim that “fingerprinting does nothing to inhibit high-level identity theft involving credit fraud, bank fraud and other consumer fraud."
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An enumeration of certain rights, they thought, might be interpreted as appearing to disparage others. ``They would contain various exceptions to powers which are not granted; and, on this account, would afford a colorable pretext to claim more than were granted,'' Hamilton argued. The Framers knew (unlike our academic experts today) that the Constitution in its broad sweep was not an enactment of positive law (except as to the specific structure of the government, and the allocation of powers), but rather it was declaration of pre-existent natural law and natural rights.
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Right to Counsel (Sixth Amendment)