Preface
In the criminal environment, it is generally known that the accused has a legal right to represent a lawyer. However, it is not well known that the rights to lawyers are limited and exist only at certain stages of criminal proceedings called "critical stages." The general right to a lawyer is called 'right to defend' and it is prescribed in Article 6 amendment of the US Constitution. "Defense counsel" means that a lawyer or attorney in the court will direct the case.
The sixth amendment of the lawyer should not be confused with the attorney's right raised in the amendment to Article 5. The fifth amendment deals with the Miranda warning which is generalized by the wording caught by police officers when arresting a suspect. "You have a right to silence ..." You have the right of a lawyer . " The fifth amendment is applied to the police interrogation right application, and the sixth revision proposal is submitted by the state for formal prosecution procedures.
The 6th amendment right to lawyers is very broad, including the effectiveness of advisors and self defense. This article mainly focuses on the difference between the fifth and sixth amendment right and the important stage in which lawyers' rights are invoked.
The difference between the amendment of Article 5 and the amendment of Article 6
As stated above, the Constitution gives lawyers the right in both Article 5 amendments and Article 6 amendments. There is a big difference between the two.
Article 5 Amendment right
Under Article 5 amendment, the right of attorney, Custody interrogation Parents' interrogation by the police means that the suspect is being held by the police for interrogation purposes. An example of a parent 's interrogation is a person who has been given privileges to the police station to investigate the crime.
The purpose of the fifth amendment is to allow a suspect to consult with a lawyer, even though no official fee is collected. ( Miranda vs Arizona , 384 US 436, 86 S. Ct. 1602, 16 L.Ed. 2d 694 [1966]).
During parents' interrogation, the police need to recite the above Miranda warning to inform the suspects that they are actually being bound for interrogation. When you read a Miranda warning or recite it to a suspect, you can say that you want to send a lawyer. This is called "to submit the fifth amendment to lawyers."
When a person activates the fifth revision right of a lawyer, the police can not ask any more until the lawyer is gone.
Article 6 Amendment right
On the other hand, the sixth revision "right to defend" is applied rear The suspect has already been booked and a formal fee has already been issued to the accused.
When the formal criminal procedure begins (start), it may be called only at a specific point in the procedure called the "critical stage", but the right of defense is "announced". ( Maine v. Moulton, 474 US 159, 106 S. Ct. 477, 88 L. Ed. 2d 481 [1985]).
The purpose of the sixth amended provision is to ensure that the defendant is adequately protected by lawyers Hostile Set. An important word to remember is "defiant", meaning that the accused is facing opposition or public officials such as prosecutors and judges.
Another big difference between the two rights is that the fifth revision right is not peculiar to compensation and the sixth revision right is peculiar to compensation. This means that if a suspect activates Miranda's right during interrogation during detention, the police may not question them at all, even for different offenses. Under the rights of the sixth amendment, state officials may not question them about the crime they are being committed, but they can question them about other crimes.
Important stage - the start of criminal proceedings
In the case of the Supreme Court USA v. Hidalgo, 7 F.3 d 1566 [11th Cir. 1993] It describes the basic definition of important stages: "Important stage of prosecution Involved In cases where defense lawyer 's advice is necessary to secure the right to a fair trial, there is a possibility that even if there is no counsel, there is a possibility that the counsel' s preparation or presentation will be hindered " USA v. Hidalgo, 7 F.3 d 1566 [11th Cir. 1993]).
The first hostile environment normally encountered by the accused is the start (official) of an official criminal proceeding. Case Brewer v. Williams , 430 US 387 cites the following situation as an example of initiating criminal proceedings.
- Appears before the judge for issuance purpose Formal cost
- Preliminary hearing
- Prosecution (This is where official charges are bought against the accused in front of the grand jury)
- information (This is like prosecution, written and presented by civil servants rather than grand jure)
- Award
These phrases of the trial are regarded as "critical stages" and the accused has certainly the right to consult at these stages. Also, the fact that the right to defend is "announced" means that the defendant can assert the right to consult now. Please note that the court's first appearance notifying judges and the right in which judges are charged is not an important stage.
The other phases of the trial, judged by the court as critical stage, are preliminary examination on bail, suppression of evidence, or viability of prosecution cases Smith vs. lock heart, 923 F.2 d 1314 [8th Cir. 1991]).
"Phase not important" which is the stage of the trial where the defendant does not have the right to defend
There are several stages of trials that are not considered critical stages. The court calls these "non-critical stages" and the accused has no right to welcome counsel during that time. This is because it is considered a preliminary matter not related to the hostile phase of the case. Examples of stages that are not important are:
· Fingerprint extraction and analysis
· Research target lineup
· Identification of photos
· Collect samples of blood, clothing, hair, handwriting, or voice samples
· Hearing to judge the existence of a probable cause
· Rest in testimony of defense
· Provisional litigation concerning issues of parole release and probation
· Postjudgment proceedings
Again, the basic rationality is that such procedures are more administrative and lack a confrontational aspect that requires attorneys. In other words, unless there is a lawyer at an unimportant stage, it is unlikely that the attorney's impartial trial and defense of defense rights will be impaired.
Finally, in the case of a misdemeanor case, it is only recognized if the right to counsel is implied by that person. Therefore, if a fine is punished for punishment of a misdemeanor, the right to defend is not granted. The right to consult is available in case of all felons.
Relief of infringement of right to consult
Attorney's refusal during an important stage brings significant changes outside of the case. This could happen if the accused requested a lawyer at a critical stage but the court refused or ignored their request. The Supreme Court insists that such denial is an unofficial expulsion of a fair trial . ( USA v. Cronic, 466 US 648, 104 S.Ct. 2039, 80, Ed. 2d 657 [1984]) The lawyer's refusal remedy, Belief must be reversed.
Exempt / replacement of counsel
The defender has a sixth amended clause that declines the lawyer's representation and defends it in the court. Self expression is also known as follows. Process Expression. The court shall approve the proxy on behalf of the defense counsel if he / she knows the right of proxy to make an intellectual waiver. Also, the court must inform the person of the potential disadvantage of the pro agency. Defense must understand that professional expression includes not only persuasion but also knowledge of legal theory and appropriate judicial proceedings.
Conclusion
Of course, all the stages of the criminal trial are important in determining the outcome of the incident. However, the court has determined that several stages of the trial are "important" in the legal sense requiring the presence of a lawyer. Remember that the lawyers' rights are guarantees, but that defense is facing a conflicting situation and only applies to critical stages that are at risk of unfair trials unless expressed Is important. If you feel that you have denied the right to consult at the critical stage of the trial you may have another legal resource for your affair.
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