§31.110 provides that an indigent person who is being detained by an officer or who is under formal charge of having committed a serious crime is entitled to be represented by an attorney to the same extent as a person who has employed their own counsel. The Trial Process. and any corresponding bookmarks? §802-5 requires a court to appoint counsel to represent the defendant all stages of the proceedings, including appeal, if it appears to the court that a person requesting appointment of counsel meets the requirements for appointment. Requires the court to appoint the public defender to represent the defendant in all proceedings before the court if the court determines the defendant to be indigent. §815.10 requires the court to appoint the public defender to represent an indigent defendant at any stage of criminal proceedings in which the defendant is entitled to legal assistance at public expense. §16-204 requires that counsel be provided for indigent defendants in criminal proceedings where the defendant is alleged to have committed a serious offense and in criminal proceedings where an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge. If a majority of the grand jurors finds there is probable cause to support the criminal charge, the grand jury approves an indictment. Requires adequate notice to be provided to the public defender. §35-33-7-6 requires a court to determine whether a person who requests assigned counsel is indigent and, if so, assign counsel prior to the completion of the initial hearing. He shall have the right to be heard by himself and counsel; and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indictment or information, together with their postoffice addresses. At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment. A crime victim has the right to be notified by the district attorney of the release hearing upon timely request. A crime victim has the right to appear personally at the release hearing and to reasonably express any views relevant to the issues before the magistrate. §970.02 requires a judge at initial appearance to inform the defendant of their right to counsel and that an attorney will be appointed to represent them if they are financially unable to employ counsel. This right also protects the defendant from self-incrimination, commonly known as Miranda Rights, during arrest and at trial. Denver, CO 80230 In all criminal prosecutions, accused persons shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining them in their favor, to have the assistance of counsel in their defense, and shall be at liberty to speak for themselves; nor shall they be deprived of life, liberty, or property, unless by the judgment of their peers, or the law of the land. Even cases that go to trial are sometimes decided before the trial begins.

The court may do so for cause and upon its own motion or upon application by the defendant or a public defender. If a defendant is determined to be indigent under §22-4504, the court shall appoint an attorney from the panel for indigents’ defense services or otherwise in accordance with the system for providing legal defense services. Requires the court to allow a defendant reasonable time to send for counsel if the defendant has employed counsel or is financially able to do so, and, if necessary, requires the court to postpone the first appearance hearing. Requires that a magistrate inform a defendant of the circumstances under which they may secure pretrial release. Rule 3.111 requires that counsel be appointed for qualified defendants when the person is formally charged or as soon as is feasible after custodial restraint or at the first appearance before a judge. If a case survives the screening of the preliminary hearing or the grand jury review, it goes to a trial court. If a defendant wishes to be represented and is not represented before arraignment the court shall allow time for the defendant to obtain counsel and consult with counsel before pleasing. A court may also appoint counsel to represent a defendant for the first appearance hearing if a postponement will likely result in continued incarceration of the defendant. Laws may be enacted providing for the trial of offenses not felonious by a court not of record without a jury, preserving the right of the accused to an appeal to and a trial by jury in some court of record having original criminal jurisdiction. In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, subject to the right of the state to have a change of venue for any of the causes for which the defendant may obtain the same. Rule 6.1 provides that a defendant is entitled to be represented by counsel in any criminal proceeding and, if indigent, shall be entitled to have an attorney appointed to represent them in all criminal proceedings in which representation by counsel is constitutionally required. Requires the court to conduct a waiver inquiry if the defendant indicates a desire to waive counsel. The Legislature may provide for the deposition of a witness in the presence of the defendant and the defendant's counsel. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. Requires the court to admit the defendant to bail in accordance with law. In Argersinger v. Hamlin (1972), the Court extended the right to a lawyer to all cases that might result in imprisonment. Requires the court to allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided by law and the rules. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption great; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than 12 jurors in prosecutions for misdemeanors punishable by imprisonment for not more than 1 year; to be informed of the nature of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor; to have the assistance of counsel for his or her defense; to have an appeal as a matter of right, except as provided by law an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court; and as provided by law, when the trial court so orders, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.

no matter what form of electronic communication he or she uses, For criminal suspects held in custody by the police, Miranda rights allow the suspect the right to, A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or a judge to, The part of the First Amendment prohibiting the founding of a church officially supported by the national government is known as the, As a result of Lemon v. Kurtzman, the Court established a three-part Lemon test to be used in determining the constitutionality of government aid to religious schools. Quizlet will be unavailable from 4-5 PM PT. Ann. Crim. §859 requires the magistrate to inform the defendant of the right to the aid of counsel, ask them if they desire the aid of counsel, and allow them a reasonable time to send for counsel, and provides that if the defendant desires and is unable to employ counsel, the court must assign counsel to defend them. (c) Heard at all proceedings for the sentencing or release of a convicted person after trial. Requires that counsel have free access to the defendant at all times for purposes of representation. Which of the following is allowed by the free exercise clause found in the First Amendment?

Juries, where the crime charged is serious, shall consist of twelve persons. §2937.03 requires a court to continue a case after arraignment if the defendant is not represented by counsel and has expressed a desire to consult with an attorney to provide a reasonable time to allow the defendant to send for or consult with counsel. Requires the court to promptly assign counsel if the court determines the person is entitled to representation at public expense. Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information. Rule 5 requires the court to inform the defendant of their right to retain counsel, and to request the assignment of counsel, and to be allowed a reasonable time and opportunity to consult counsel before entering a plea. §10.101.020 requires that counsel be appointed for a defendant on a provisional basis if a court cannot determine whether a defendant is eligible before the time when the first services are to be rendered.

The venue for the trial of indictments returned by a state grand jury shall be as prescribed by general law.

In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. §858 requires a court to immediately inform a defendant of their right to counsel in every stage of proceedings when the defendant is brought to the court upon arrest for a public offense. Persons may not twice be put in jeopardy for the same offense, be compelled in a criminal cause to be a witness against themselves, or be deprived of life, liberty, or property without due process of law.

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Requires the court to appoint counsel in accordance with §135.050 if the defendant wishes to be represented. Historically, the grand jury was created to serve as a shield to protect citizens from unfounded charges made by overzealous and/or politically motivated prosecutors. §5103 requires the superior court to assign counsel to any person on trial for specifically listed offenses and also to defendants in any criminal prosecution as provided by the rules of criminal procedure.

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