The Right to Counsel

The criminal justice system can be confusing and overwhelming. For guidance about criminal procedures and help building a defense, contact a skilled and knowledgeable criminal defense attorney.

Learn More About Criminal Defense

If you have been charged with any crime, from petty theft to homicide, you are facing the full power of the government. The rights and best interest of the accused are not the primary concern of the state. That is why it is important to have a criminal defense attorney to represent you.

To learn more about criminal law, please review the general information below and visit our firm overview page.

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Without an adequate defense, innocent people can get caught up in the criminal justice system and suffer needlessly. Don't put yourself at risk. Contact criminal defense attorney Raymond Sprowls.

Mr. Sprowls is a former New York City prosecutor who is now a defense lawyer working on behalf of the accused. To put his knowledge and experience to work for you, contact his law office Hudson Valley law office.

The Right to Counsel

The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.

If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process. Contact Raymond D. Sprowls, Attorney at Law in Montgomery, New York, to speak with a criminal defense attorney about your case today.

Federal and State Law

The right to counsel is a fundamental right of criminal defendants guaranteed by the US Constitution. Many states also include this right in their constitutions, and some states provide a broader scope of the right to counsel than the federal constitution. However, defendants facing state felony charges are still entitled to counsel, even if the state constitution does not provide such a right, under the federal constitution via the 14th Amendment.

Attachment of the Right

Criminal defendants are afforded the right to an attorney throughout every critical stage of a criminal proceeding once the right has "attached." Under federal rules, the defendant's right attaches once "adversary judicial proceedings" have been initiated against the defendant. This includes when the defendant has been charged with or indicted for a crime and during a preliminary hearing, information and arraignment.

Thus, for the right to attach, the defendant must have been charged with a crime. It does not attach if the individual is merely suspected of committing a crime. It does not attach during the investigative stage prior to the filing of actual, formal charges — even if the individual is the only suspect. An arrest, without formal charges, also does not trigger the right to an attorney. This does not mean, however, that an individual being investigated for a crime cannot hire an attorney on his or her own.

Once the right has attached, the state cannot interfere with the defendant's right to seek counsel and has a duty to ensure the defendant's right is honored. The right is not available in civil or administrative proceedings or during license suspension or revocation hearings.

Appointed Counsel

In order for a criminal defendant to receive a court-appointed lawyer, the defendant cannot merely be unable to afford the representation of an attorney of his or her choosing, but must meet the definition of an indigent. The trial court has the authority to determine whether a defendant is indigent. Some jurisdictions have guidelines based on income that allow individuals meeting the criteria to be presumed indigent. Other jurisdictions, however, do not have any guidelines and must make the determination on a case-by-case basis.

In those states that determine indigence on a case-by-case basis, the court must look at the defendant's total financial circumstances, including his or her income, assets, debts and other financial obligations before deciding if the defendant can afford to pay for an attorney. Thus, just because a defendant is unemployed does not guarantee he or she will be appointed counsel.

Defendants receiving court-appointed attorneys do not have the right to have an attorney of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court's judgment.

Waiving the Right to an Attorney

Just as all criminal defendants have the right to an attorney, they also have the right to self-representation and can waive the right to an attorney. In order to waive this important right, criminal defendants must be able to prove to the judge that they are competent (have the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge must make sure that the criminal defendant understands the disadvantages of self-representation before allowing the waiver.

Defendants considering representing themselves in a criminal trial should carefully consider the consequences of this action. Criminal defense attorneys have years of training and understand the intricate, and often confusing, workings of the law and criminal justice system. Given the complexities of criminal procedure and, more importantly, the severe consequences a criminal conviction carries, a criminal defense attorney is best suited to protect defendants' legal rights and help them achieve the best possible outcome.

Conclusion

If you or a loved one has been arrested for a criminal offense, you have the right to an attorney. It is important to begin working with an attorney as soon as possible in the process, even if you have not been formally charged with a crime. To learn more about your legal rights, contact Raymond D. Sprowls, Attorney at Law in Montgomery, New York today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.