A defendant's Sixth Amendment right to counsel attaches at his first appearance before a magistrate, whether or not the prosecutor is also on hand, the Supreme Court ruled on June 23. The ruling dealt with a Texas "magistration" procedure under which a defendant goes before a magistrate judge, has bail set, and can be imprisoned -- all without the involvement of a prosecutor or the appointment of defense counsel.
June 24, 2008 at 05:25 AM
1 minute read
The original version of this story was published on Law.Com
A defendant’s Sixth Amendment right to counsel attaches at his first appearance before a magistrate, whether or not the prosecutor is also on hand, the Supreme Court ruled on June 23.
The Court’s 8-1 decision in Rothgery v. Gillespie County, Texas, came as the justices began their final week before adjourning for the summer.
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