Description
As explained in § 2.3.4.2 supra, indigent defendants have a Sixth Amendment right to court-appointed counsel in all felony cases (Gideon v. Wainwright, 372 U.S. 335 (1963); Johnson v. Zerbst, 304 U.S. 458 (1938)) and on any charges of misdemeanors or petty offenses for which a term of imprisonment is going to be imposed as a result of conviction, “‘even for a brief period’” (Alabama v. Shelton, 535 U.S. 654, 657 (2002)), including cases in which the court imposes “a suspended sentence that may ‘end up in the actual deprivation of a person’s liberty’” (id. at 658) in the event of a violation of probation or some other condition of the suspended sentence.
First Page
132
Source Publication
Trial Manual 11 for the Defense of Criminal Cases
Source Editors/Authors
Anthony G. Amsterdam, Randy A. Hertz
Publication Date
2026
Document Type
Chapter
Edition
11
Rights & Restrictions
CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/
Recommended Citation
Anthony G. Amsterdam & Randy A. Hertz,
Chapter 5 - State-Paid Assistance for the Defense: Obtaining State Funding for Counsel’s Time and for Defense Services,
Trial Manual 11 for the Defense of Criminal Cases
132
(2026).
Available at:
https://gretchen.law.nyu.edu/tmdcc/10
