Can an inmate be denied a lawyer?
Question Details: My brother was arrested for arson and burglarly and has yet to see a lwayer. They told him that if he doesn't ask for a lawyer can be released on Thursday under home arrest. This seems unethical at best. Are there any circumstances where this is allowed?
1) Any criminal defendant has the right to an attorney--there are no exceptions. The U.S. Constitution, 6th Amendment, guarantees that right.
2) A defendant does not always have to be appointed or provided a lawyer--most of time, he has to pay for his own. The defendant can apply to the court for a lawyer and will be required to provide information about his income and assets. Only if he meets the "indigency" standards (basically, is sufficiently poor), will a public defender be assigned to him.
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