The right to counsel is one of the most established tenets of criminal law. But a recent U.S. Supreme Court case could lead more trial courts to find a right to counsel in civil cases where litigants face the potential loss of liberty or other rights, and procedural protections are lacking.

Tagged with: civil cases right to counsel Supreme Court

An indigent father’s constitutional rights were violated when he was imprisoned for failing to pay his child support obligation without first being provided counsel or afforded other procedural safeguards.

Tagged with: right to counsel

An indigent father’s constitutional rights were violated when he was imprisoned for failing to pay child support without first being provided counsel or afforded other procedural safeguards, the U.S. Supreme Court has ruled in a 5-4 decision.

Tagged with: child support civil contempt fourteenth amendment right to counsel

The right to counsel did not attach when an attorney represented the defendant on an unrelated charge but did not state he would represent him on a murder charge, New York’s highest court has ruled.

Tagged with: right to counsel

WASHINGTON – The U.S. Supreme Court considered Wednesday whether a civil contempt proceeding that results in a jail term triggers the constitutional right to counsel.

Tagged with: child support civil contempt jail right to counsel Supreme Court

Does the Sixth Amendment afford relief when a state habeas petitioner has rejected a favorable plea bargain because of deficient advice from counsel, even though he was later convicted and sentenced pursuant to a fair trial? See “Justices to address ...

Tagged with: right to counsel

The U.S. Supreme Court will decide whether a state habeas petitioner, who was convicted and sentenced pursuant to a fair trial, is nonetheless entitled to relief under the Sixth Amendment for deficient advice that led him to reject a favorable ...

Tagged with: habeas plea bargain right to counsel Sixth Amendment

Does an indigent defendant have a constitutional right to appointed counsel at a civil contempt proceeding that may result in his incarceration?

Tagged with: right to counsel

The U.S. Supreme Court has agreed to decide whether an indigent defendant has a constitutional right to appointed counsel at a civil contempt proceeding that might result in incarceration.

Tagged with: right to counsel

Criminal defendants have a right to counsel at initial bail hearings, a Baltimore judge has ruled. However, Judge Alfred Nance stayed his decision to give the state a chance to appeal.

Tagged with: bail hearings Maryland right to counsel