The Sixth Amendment of the United States Constitution provides a right to legal counsel to individuals facing criminal prosecution.’ The United States Supreme Court has given a generous interpretation to the Amendment by extending the right to counsel to criminal defendants at trial, as well as in certain pretrial and post-trial proceedings. Thus, regardless of their financial status, defendants are entitled to representation at trial for felonies or misdemeanors resulting in actual imprisonment, at adversarial pretrial proceedings, and at their first appeals as of right. The Supreme Court, however, has never recognized that indigent defendants have a right to appointed counsel on prosecution appeals.
The ultimate catalyst for change, however, should be a statewide public defense commission comprised of attorneys and laypersons who have demonstrated an interest in public defense services, as well as representatives of impoverished and low-income communities throughout New York State.
Argues for children's rights to representation that advocates for their own preferences in all forms of custody proceedings.
The existing criminal procedure laws of New York do not afford the misdemeanor accused any meaningful preliminary opportunity to fight the substantiation of the accusations against them.
This is introductory material introduces the role of the prosecutor in combatting the harsh effects of the collateral consequences of a criminal sentence.