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    • Attorney appointed by the court

      • Appointed counsel or “ appointed attorney ” means an attorney appointed by the court under Probate Code section 1470 or 1471 who assumes direct personal responsibility for representing a ward or proposed ward, a conservatee or proposed conservatee, or a person alleged to lack legal capacity in a proceeding under division 4 of the Probate Code.
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  2. A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the U.S. magistrate judge or the court through appeal, including ancillary matters appropriate to the proceedings.

  3. (a) Right to Appointed Counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.

  4. Jun 5, 2010 · Wainwright 1. , the Sixth Amendment right to counsel applies at criminal trials, regardless of whether a given trial is federal or state, or whether the counsel is retained or appointed. 2. As the Court in Gideon explained, the “right of one charged with crime to counsel” is “fundamental and essential.” 3.

  5. The right to counsel is the right for a criminal defendant to have representation by an attorney in assistance of their defense, regardless of their ability to pay. The right to counsel stems from the Sixth Amendment of the United States Constitution, specifically for prosecutions in federal courts.

  6. Additionally, the Sixth Amendment’s right to effective assistance attaches directly to the fidelity and competence of defense counsel’s services, regardless of whether counsel is appointed or privately retained or whether the government in any way brought about the defective representation.

  7. Oct 20, 2023 · The government will appoint counsel to an indigent defendant once the defendant proves they cannot afford one. This article discusses the right to counsel in connection with a criminal trial. A suspect, however, has the right to a lawyer at all “critical stages" of the criminal process.

  8. Oct 30, 2023 · State statute, court rules and case law make up the legal framework that sets a baseline threshold for when counsel is appointed and eventually appears. However, local rule and practice in addition to the availability of defense attorneys also impact the timeline for appointment and appearance.

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