Sentences with phrase «indigent defendants»

"Indigent defendants" refers to individuals who are accused of a crime but cannot afford to hire their own legal representation because they lack sufficient income or resources. Full definition
At a City Council hearing on criminal discovery practices in February chaired by Queens councilman Rory Lancman, Sergio de la Pava, a supervising attorney for New York County Defender Services who has been representing indigent defendants in Manhattan for over 20 years, described a typical experience in the borough's courtrooms: After waiting six months or a year for trial, he said, «The DA comes in with a cart and drops about six inches of material on your desk.
Also, since there is a right to counsel for indigent defendants in criminal cases, when a lawyer withdraws (especially for non-payment) the court now has to determine whether or not the client is indigent (which non-payment would typically support an inference of) and if so, the court must appoint a new lawyer who would have to do lots of redundant work to get up to speed in a case.
-- A citywide bail fund to provide bail for indigent defendants charged with low level misdemeanors whose bail is set at $ 2,000 or less, funded by an initial $ 1.4 million
Among the highlights was the passage of an amended resolution that would continue the Chautauqua County Pilot Program within Jamestown City Court to assist indigent defendants at arraignment.
In any case, that means that states across the country are shirking their constitutional responsibility to provide competent counsel to indigent defendants facing jail time.
That being said, though, it seems that such a consideration could work against many indigent defendants (such as many of our office's clients) who live in densely populated urban areas.
However, the fact that court - appointed counsel are provided only to indigent defendants does seem at odds with the text of the Sixth Amendment.
When I was a public defender lawyer in the early 1990's, I heard that more indigent defendants were willing to pay a private lawyer to defend for drunk driving cases than for plenty of other types of cases, in order...
«Massachusetts has one of the most liberal statutes with respect to the availability of public funds with which indigent defendants can hire experts.
''... the ABA's Standing Committee on Legal Aid and Indigent Defendants finds that 40 years after the landmark Supreme Court decision in Gideon v. Wainwright, which established the constitutional right to counsel in state criminal proceedings, the American legal system still fails to protect the rights of the nation's poorest defendants by not providing properly trained and prepared defense counsel.»
It also established compensation procedures for experts and investigators in some cases involving indigent defendants.
Yet another issue will be on display during oral arguments at the Supreme Court next week: whether indigent defendants in capital cases must prove they need more experienced lawyers and resources before they will be provided.
Marisa is also a member of the Eleventh Circuit's Criminal Justice Act panel, and is often appointed to represent indigent defendants through that program.
Early on in his career he affiliated himself with Suffolk Lawyers for Justice, Inc., a dedicated group of private Boston criminal defense attorneys committed to the poor and cut his teeth aggressively representing indigent defendants before the district courts of Suffolk County.
Commission on Continuing Legal Education Court - approved Divorce Forms Court interpreters Court reporters Criminal Justice Handbook (order here) Criminal Sentencing Statistics Indigent Claims Entry (ICE) Indigent Defense Information Order for Transcript for Indigent Defendant IOLTA Law licensing Mediation Parenting Plan Tennessee Lawyer Assistance Program Attorney / TDOC Client Video Conferencing Request Forms
Rates like these compromise indigent defendants» constitutional rights to effective assistance of counsel and a fair trial, argue a group of court - appointed lawyers in Philadelphia, who've filed suit for a pay increase in federal court, according to this report.
In capital cases, state systems for affording representation to indigent defendants vary from adequate to meager.2 In civil cases, the combined legal services spending of U. S. local, state, and federal government agencies is, per capita, far below that of the governments of other democracies.
Attorneys assigned to the Law Office of the Cook County Public Defender's Felony Trial Division represent indigent defendants in 34 courtrooms that take in cases from the City of Chicago.
Gov. Andrew M. Cuomo plans to ask the New York State Legislature to eliminate cash bail for many crimes and to speed up the disclosure of evidence in trials as part of a package of proposals intended make the criminal justice system fairer for indigent defendants, his aides said.
For six years, Ms. Lloyd was a member of the Federal Criminal Justice Act panel, accepting court appointments to represent indigent defendants in federal criminal cases.
The private, nonprofit organization provides legal representation to indigent defendants and prisoners who have been denied fair treatment in the legal system.
Supreme Judicial Court of Massachusetts Holds that Judges Must Issue Findings of Fact when Setting Unaffordable Bail for Indigent Defendants.
In his State of the State speech, Cuomo plans to ask the state Legislature to eliminate cash bail for many crimes and to speed up the disclosure of evidence in trials as part of a package of proposals intended make the criminal justice system fairer for indigent defendants, his aides said.
«I call it stalk and frisk,» said James Auricchio, a former state and federal prosecutor and the head of the criminal division of the Assigned Counsel, which provides legal representation to indigent defendants in Erie County.
The last Supreme Court ruling on this appears to be Gideon v. Wainwright, which applies the Sixth Amendment «right to counsel» for indigent defendants to the states.
In Scott, after noting that the modern rule went beyond what was guaranteed by the text of the Sixth Amendment (understood in its historical context), the Court held that it did not extend to an indigent defendant who was fined for a petty theft.
Joshua has also served as lecturer at the National Institute for Trial Advocacy (NITA) and the National Business Institute, and he serves on the CJA - Felony Panel, a federal court committee that administers the Criminal Justice Act in Maryland, appointing counsel to indigent defendants.
Accordingly, I would hold that an indigent defendant in a state criminal case must be afforded appointed counsel whenever the defendant is prosecuted
Her prior experience includes representing indigent defendants, working with survivors of violence on immigration issues, and advocating for low - income clients in housing and consumer law.
Although its analysis, like that in Gideon and other earlier cases, suggested that the Sixth Amendment right to counsel should apply to all state criminal prosecutions, Argersinger held only that an indigent defendant is entitled to appointed counsel, even in petty offenses punishable by six months of incarceration or less, if he is likely to be sentenced to incarceration for any time if convicted.
When a court appoints lawyers to represent indigent defendants, should it take race into account?
The Equal Justice Initiative of Alabama is a private, nonprofit organization that provides legal representation to indigent defendants and prisoners who have been denied fair and just treatment in the legal system.
Going further, Starr thinks other inputs raise issues for indigent defendants.
«Held: The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment.»
The language of the statute reflects the basic premise that if a paying defendant would reasonably hire such an expert, the indigent defendant should be able to, as well.»
She has served on the ABA Commission on IOLTA, the ABA Standing Committee on the Delivery of Legal Services, and the ABA Standing Committee on Legal Aid and Indigent Defendants (SCLAID).
And with just 10 investigators for more than 42,000 cases in 2013 - 2014, Fresno's indigent defendants are at risk of losing crucial evidence.
«The Gideon decision was a huge unfunded mandate,» says Lefstein, a special adviser to the ABA's Standing Committee on Legal Aid and Indigent Defendants and a past chair of the Criminal Justice Section.
In August, Barrett appointed Nixon to represent an indigent defendant, a power given to Barrett by Missouri law.
Finally, I'd be remiss not to mention that in general judicial discretion in many aspects of litigation is a desirable and useful occurrence, whether it manifests itself in the dismissal of a frivolous case or appointing counsel to an indigent defendant.
Stephen Hanlon, a former chair of the Indigent Defense Advisory Group of the ABA Standing Committee on Legal Aid and Indigent Defendants, saw that personally when he represented Missouri State Public Defender Cat Kelly.
In Hurrell - Harring, the New York Civil Liberties Union sued on behalf of 20 indigent defendants, arguing that the state's failure to adequately fund or oversee their local indigent defense offices violated their Sixth Amendment rights by leaving them with extremely poor representation.
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