🫥
Criminal Procedure • 14th Amendment
CRIMPRO#038
Legal Definition
Though a defendant has a right to counsel for post-charge lineups and show-ups, such a right does not exist if police simply show victim or witness photographs. Additionally, there is no right to counsel during the following stages: (1) blood samples; (2) handwriting samples; (3) pre-charge line-ups; (4) a brief recess during the defendant's testimony; (5) parole and probation revocation hearings; and (6) fingerprinting.
Plain English Explanation
The right to have a lawyer is an important (and popular) protection, but there are some times when this right doesn’t apply. If the police decide to show a witness or a victim some photos to see if they can identify a suspect, the person being investigated doesn’t have a right to have their lawyer there. It’s only when the person is physically present, like in a lineup after being charged with a crime, that the right to counsel kicks in.
There are also other situations where this right is limited. For instance, if the police need a blood or handwriting sample, or they take your fingerprints, you don’t have the right to have your lawyer with you. Additionally, if you’re testifying in court and need a short break, the court doesn’t have to allow your lawyer to talk to you during that break. Another major situation where you don’t get a lawyer is in parole or probation revocation hearings, which decide whether you violated terms of your release.
There are also other situations where this right is limited. For instance, if the police need a blood or handwriting sample, or they take your fingerprints, you don’t have the right to have your lawyer with you. Additionally, if you’re testifying in court and need a short break, the court doesn’t have to allow your lawyer to talk to you during that break. Another major situation where you don’t get a lawyer is in parole or probation revocation hearings, which decide whether you violated terms of your release.
Related Concepts
How can a defendant prove ineffective assistance of counsel?
How may a defendant withdraw a guilty plea?
What are the procedural limitations on death penalty statutes?
What happens if a pre-trial identification technique is too unnecessarily suggestive?
What is the 6th Amendment Right to a Speedy Trial, and how is a violation of this right determined?
What is the effect of the 14th Amendment right to due process on self-incriminating statements?
What is the proper procedure for submitting a guilty plea?
What is the prosecutorial duty to disclose exculpatory information?
What is the right to a jury trial?
What is the right to an unbiased judge?
What is the right to confront witnesses?
What must you generally know about grand jury proceedings?
When are bail issues appealable?
When is a co-defendant's confession admissible when it implicates another defendant?
When is a defendant not competent to stand trial?
When may a defendant represent themself?
