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Right to Counsel Questions

What is the right to counsel?

The right to counsel definition states that this is a legal right of an individual to get support from a counsel who can be a lawyer or attorney. This right is assured as a part of the legal right to a fair trial. This right also is assured under the establishment that allows the defendant to ask the government to arrange a lawyer or attorney in the case if they are not able to provide one. In the United States the right to arrange a lawyer or attorney in the trails is by the federal government was accepted by the United States Bill of Right. This right is also related to cases that are in the state courts, which are mostly in criminal trials. A lawyer or attorney is then arranged to have some responsibilities while giving support to the defendant in criminal cases as part of one’s constitutional right to a fair trial.

What is the fifth amendment right to counsel?

The Fifth Amendment Right to Counsel was established by the United States Supreme Court in its Miranda decision. Since the Miranda right was established this attaches only when an individual has been arrested and in custody and is then being questioned by the police. A waiver of this right is then not required unless the individual is in custody and is being questions by the law enforcement and this has happened at the same time.

In the state of Michigan is it considered a violation to a juveniles right to counsel under the 14th amendment when the parent has waived any right to answer questions that pertain to a murder investigation?

In the state of Michigan the juvenile does have the right to counsel when being criminally accused, no matter if it is with or without the parents’ permission. The juvenile has the right to give up counsel if the individual is mentally capable to do so. A parent does also have the right to sign a waiver that allows this child to be questioned by the law enforcement, but the child can still choose to not take place in the questioning with or without an attorney.

What are some of the legal rights a defendant has during a criminal trial?

When going through a criminal trial this individual will have the right to the Sixth Amendment; which is the right to counsel, the Fifth Amendment is the right to self incrimination and to the Fourth Amendment which is the right against an unnecessary search or arrest. Also the individual will have the right to challenge the witnesses and the right to a speedy trial and a trial by jury. The Bill of Rights in the Constitution mainly has arranged all of these rights. All depending on the charges and the facts within the case, some of the listed rights may not need to be invoked.

In the state of Washington if someone agreed to a plea agreement to avoid a trial against rape charges, does the individual have the right to counsel, or do they have to remain with the attorney that the court has assigned?

In this case the individual will have the right to counsel, but they may not be able to actually pick the lawyer. Now if they have found a lawyer on their own without requesting the right to counsel then they will have the right to have that lawyer support them throughout the case. Although, in the state of Washington has no requirement to offer the individual a different lawyer than the one that had been already assigned.

When dealing with mainly criminal trials the defendant will have the right to counsel. Many individuals believe that it is a wise idea to request their right to counsel that way they will have someone with a bit more knowledge when going through the trial. For more information pertaining to right to counsel cases contact the Experts online.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
7 Criminal Lawyers are Online Now

How JustAnswer Works:

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

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    Basically now that I work for the competition he is trying to do personal things to stop me. Could the situation above be considered embezzlement? I have credit card receipts showing consistent work purchases twice a month but I don't have the breakdown of the product. What would stop him from just claiming what I was selling was stolen without the breakdown of purchases?
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