If you have been charged with a crime, working closely with an attorney who will clearly explain all rights, options and consequences can help you make decisions that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.
Skilled Criminal Defense Representation
A conviction on any type of criminal offense can result in stiff penalties and have a serious impact on your future. Be sure that you have an attorney who uses experience and skill to handle your case and protect your rights.
At the Des Moines, Iowa law office of Timothy M. Duffy, P.C., attorney Duffy has been helping clients throughout central Iowa facing all types of crimes, including assault, drug crimes, sex crimes white collar crimes and many others.
Attorney Duffy works diligently to reach the best possible outcome in your case. He will work to beat the charges against you outright. If he can't beat them outright, he will seek to negotiate the best plea available. Contact our office to learn more about how he can help you.
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For over 25 years, the Des Moines, Iowa, law office of Timothy M. Duffy, P.C., has been defending the rights of clients accused of any type of criminal offense. Contact our office today to discuss your case with a lawyer.
Contact the Des Moines, Iowa, law office of Timothy M. Duffy, P.C., today to learn more about how attorney Duffy can help to defend your rights if you have been accused of a crime. He works tirelessly to help you reach the best possible outcome in your case.
The Right to Counsel
The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process. Contact Timothy M. Duffy, P.C. in Des Moines, Iowa, to speak with a criminal defense attorney about your case today.
Federal and State Law
The right to counsel is a fundamental right of criminal defendants guaranteed by the US Constitution. Many states also include this right in their constitutions, and some states provide a broader scope of the right to counsel than the federal constitution. However, defendants facing state felony charges are still entitled to counsel, even if the state constitution does not provide such a right, under the federal constitution via the 14th Amendment.
Attachment of the Right
Criminal defendants are afforded the right to an attorney throughout every critical stage of a criminal proceeding once the right has "attached." Under federal rules, the defendant's right attaches once "adversary judicial proceedings" have been initiated against the defendant. This includes when the defendant has been charged with or indicted for a crime and during a preliminary hearing, information and arraignment.
Thus, for the right to attach, the defendant must have been charged with a crime. It does not attach if the individual is merely suspected of committing a crime. It does not attach during the investigative stage prior to the filing of actual, formal charges — even if the individual is the only suspect. An arrest, without formal charges, also does not trigger the right to an attorney. This does not mean, however, that an individual being investigated for a crime cannot hire an attorney on his or her own.
Once the right has attached, the state cannot interfere with the defendant's right to seek counsel and has a duty to ensure the defendant's right is honored. The right is not available in civil or administrative proceedings or during license suspension or revocation hearings.
Appointed Counsel
In order for a criminal defendant to receive a court-appointed lawyer, the defendant cannot merely be unable to afford the representation of an attorney of his or her choosing, but must meet the definition of an indigent. The trial court has the authority to determine whether a defendant is indigent. Some jurisdictions have guidelines based on income that allow individuals meeting the criteria to be presumed indigent. Other jurisdictions, however, do not have any guidelines and must make the determination on a case-by-case basis.
In those states that determine indigence on a case-by-case basis, the court must look at the defendant's total financial circumstances, including his or her income, assets, debts and other financial obligations before deciding if the defendant can afford to pay for an attorney. Thus, just because a defendant is unemployed does not guarantee he or she will be appointed counsel.
Defendants receiving court-appointed attorneys do not have the right to have an attorney of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court's judgment.
Waiving the Right to an Attorney
Just as all criminal defendants have the right to an attorney, they also have the right to self-representation and can waive the right to an attorney. In order to waive this important right, criminal defendants must be able to prove to the judge that they are competent (have the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge must make sure that the criminal defendant understands the disadvantages of self-representation before allowing the waiver.
Defendants considering representing themselves in a criminal trial should carefully consider the consequences of this action. Criminal defense attorneys have years of training and understand the intricate, and often confusing, workings of the law and criminal justice system. Given the complexities of criminal procedure and, more importantly, the severe consequences a criminal conviction carries, a criminal defense attorney is best suited to protect defendants' legal rights and help them achieve the best possible outcome.
Conclusion
If you or a loved one has been arrested for a criminal offense, you have the right to an attorney. It is important to begin working with an attorney as soon as possible in the process, even if you have not been formally charged with a crime. To learn more about your legal rights, contact Timothy M. Duffy, P.C. in Des Moines, Iowa today.
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