Legal Question in Criminal Law in Mississippi
Can a judge deny the right to counsel when asked by defendant during court proceedings and how long do I have to appeal such a violation?
Asked on 11/14/15, 3:06 pm
1 Answer from Attorneys
Wayne Woodall
Wayne Woodall Attorney
The right to counsel is guaranteed by the Constitution of the United States and the Constitution of the State of Mississippi. The US Supreme Court has held that a Judge can deny the requested appointment of counsel in cases where the penalty would be less than six months in jail or where the Court "knows" it would not impose a sentence of six months to serve in the event of a conviction. The amount of time within which to appeal varies depending on the Court but is usually thirty (30) days or less.
Answered on 11/16/15, 10:14 am
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