Alabama Public Defender Case
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FAQ
When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.
In Gideon v. Wainwright, the U.S. Supreme Court held that this means the State must provide an attorney to any criminal defendant who cannot afford to hire one.
Individuals who have income greater than 125% of the Poverty Level but below 200% may also be eligible if the judge makes a written determination that paying for legal representation would result in substantial hardship.
The right to counsel does not apply to certain post-conviction criminal law judicial proceedings. In general, the defendant has the right to counsel at sentencing, at the first appeal of right (in some states), and in capital cases, where a review of the effective assistance of counsel is necessary.
In 1963, the Supreme Court ruled unanimously in favor of Gideon, guaranteeing the right to legal counsel for criminal defendants in federal and state courts. Following the decision, Gideon was given another trial with an appointed lawyer and was acquitted of the charges.
1963 ? The United States Supreme Court decides Gideon v. Wainwright, ruling that the Sixth Amendment creates a right to court appointed counsel in felony cases in all criminal proceedings.
In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
Sixth Amendment Right to Counsel The right to an attorney has applied in federal prosecutions for most of the nation's history, but it did not extend to all state-level felony cases, based on the Fourteenth Amendment, until the U.S. Supreme Court decided Gideon v. Wainwright, 372 U.S. 335 (1963).
