Current LectureAt What Time Does one have the right to council?The court has said one has the right to council when there is a critical stage in the trialPre-TrialIf it a pre trial preceding and in the preceding there is some factual determination will be made that will make a difference in the case, it is a critical stateA fact must be determined that could affect the outcome of the caseIf no fact is determined then it isn’t a critical state in the trialAt an arraignment (first appearance) sometimes you have a right to a lawyer thenAt your first appearance and there is a fact that is determined that will affect the outcome, then you have the right to a lawyerPreliminary hearing: it is a critical stage in the prosecutionAt the hearing you might actually get the chargers dismissedA fact may be presented that can get the chargers dismissedPlea bargaining: def a critical conditionHave a right to a lawyerPolice investigation: not a critical stage and no attorney is requiredCustodial interrogation: in custody and being interrogatedIf you ask for a lawyer you will get one but if you don’t you won’t get oneRight to the attorney based on the 5th amendment rightDuring a line upOne kind: show up line upAlways pre-indictmentNo right to a lawyer at a line upA live line up?When the witness picks who committed the crimeIf you have not been indicted then you don’t have the right, but if you have been, then you do have the right to councilWhat about a photo-line up?Barely ever do a live line up mainly a photo-line upNot a critical stage in the case, you do not have a right to have a lawyer therePost-convictionJury has found you guilty or judge1st sentencing: you have a right to have a lawyerIt will make a difference with a lawyer presentIf you have violated your probation after getting out of prison-there’s a hearing to prove that you violated it (probation revocation hearing)You have a right to a due process hearingMust give you notice that there is a hearingGives you time to prepare and give you the evidence they have against youAnd you have a right to be heardShould be a neutral hearingNo right to a lawyerMeans you cannot demand that the court gives you oneThe court isn’t required to give you oneIn SC they just give you one in that hearingJuvenile adjudication hearingYou have a right to a lawyerA juvenile doesn’t know how to deal with thatAppealYou have the right to a lawyerToo many details in an appealOn the 1st appeal: you have the right to the lawyerWhen you appeal an appeal, you do not have the right to a lawyer- even if it’s a death penalty caseAppeals after that are called discretionary appealsRight to Council is LimitedOnly lawyers can represent peopleExcept if you go forward representing yourselfA defendant cannot choose their appointed councilSometimes attorneys appointed to a defendant don’t get along- they cannot say they were not given a lawyerDon’t get to pick who you getGoing Forward Pro-SeYou have the right to represent yourselfThe right to defend is given to the accusedNot a good choiceWhen they decide to go pro-se, you have to ask the court and they have to see if the defendant has some ability to represent themselvesCourts don’t like that defendants represent themselvesCRJU 203 1st Edition Lecture 10Outline of Current Lecture I. At What Time Does one have the right to council?II. Right to Council is LimitedIII. Going Forward Pro-Se Current Lecture  At What Time Does one have the right to council? - The court has said one has the right to council when there is a critical stage in the trial - Pre-Trial o If it a pre trial preceding and in the preceding there is some factual determination will be made that will make a difference in the case, it is a critical state o A fact must be determined that could affect the outcome of the case  If no fact is determined then it isn’t a critical state in the trial o At an arraignment (first appearance) sometimes you have a right to a lawyer then  At your first appearance and there is a fact that is determined that willaffect the outcome, then you have the right to a lawyer o Preliminary hearing: it is a critical stage in the prosecution  At the hearing you might actually get the chargers dismissed  A fact may be presented that can get the chargers dismissed o Plea bargaining: def a critical condition  Have a right to a lawyer o Police investigation: not a critical stage and no attorney is required o Custodial interrogation: in custody and being interrogated  If you ask for a lawyer you will get one but if you don’t you won’t get one Right to the attorney based on the 5th amendment right o During a line up These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. One kind: show up line up  Always pre-indictment  No right to a lawyer at a line up  A live line up?  When the witness picks who committed the crime If you have not been indicted then you don’t have the right, but if you have been, then you do have the right to council  What about a photo-line up? Barely ever do a live line up mainly a photo-line up  Not a critical stage in the case, you do not have a right to have a lawyer there o Post-conviction  Jury has found you guilty or judge  1st sentencing: you have a right to have a lawyer  It will make a difference with a lawyer present  If you have violated your probation after getting out of prison-there’s a hearing to prove that you violated it (probation revocation hearing)  You have a right to a due process hearing  Must give you notice that there is a hearing  Gives you time to prepare and give you the evidence they haveagainst you  And you have a right to be heard  Should be a neutral hearing  No right to a lawyer - Means you cannot demand that the court gives you one - The court isn’t required to give you one- In SC they just give you one in that hearing o Juvenile adjudication hearing  You have a right to a lawyer  A juvenile doesn’t know how to deal with that o Appeal  You have the right to a lawyer  Too many details in an appeal  On the 1st appeal: you have the right to the lawyer When you appeal an appeal, you do not have the right to a lawyer- even if it’s a death penalty case  Appeals after that are called discretionary appeals  Right to Council is Limited - Only lawyers can