Critical Stages in the Criminal Justice ProcessThe filing of charges; The preliminary hearing; any bail reduction or modification hearing; arraignment hearing; hearing of motions on relief prior to or after the conviction or evidentiary issues; Disposition of the claim or charges against the The first chronic factor that triggers a presumption of ineffectiveness is the absence of an attorney for the defendant in the “critical stages” of a case. Indictments, plea negotiations, and sentencing hearings, for example, are critical stages of a case. If the lawyer is not present at each of these critical stages, there is a real denial of attorney. Criminal prosecution takes place in a series of stages, starting with an arrest and ending at a time before, during, or after the trial.
Most criminal cases end when a defendant accepts a plea agreement offered by the prosecution. In a plea agreement, the defendant chooses to plead guilty before trial to the offenses charged, or lesser charges in exchange for a more lenient sentence or the dismissal of related charges. An arrest does not necessarily mean the beginning of criminal proceedings if the suspect is not formally charged and, therefore, does not always trigger Sixth Amendment protections. The right to assistance of a Sixth Amendment lawyer applies to all “critical stages” of a process.
The Supreme Court has held that critical stages include arraignment, post-indictment lineups, post-indictment questioning, negotiation of the guilty plea and filing a guilty plea. Over the decades, the Supreme Court has outlined inch by inch many events in cases such as critical stages, although it has never claimed to have covered up the list of events that may fall into this category. During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. A critical stage of prosecution includes all cases in which the advice of a lawyer is necessary to ensure the defendant's right to a fair trial or where the absence of an attorney may prejudice the preparation or presentation of a defense (United States v.
However, the Rothgery Court carefully explained that the question of whether the right to a lawyer has been attached is different from the question of whether a particular proceeding is a “critical stage” in which the lawyer must be present as a participant. Obviously, trial is a critical stage in any criminal proceeding, as is jury selection, sentencing, and almost every government effort to obtain information from defendants, including questioning. For example, pre-trial scientific analysis of fingerprints, blood samples, clothing, hair, handwriting, and voice samples has been ruled not to be critical steps (United States v. The defendant must be informed that the presentation of a defense in a criminal case is not simply a matter of telling a story, but requires skills in examining a witness, knowledge of the RULES OF EVIDENCE and procedure, and persuasive public speaking skills.
The first chronic factor that triggers a presumption of ineffectiveness is the absence of an attorney for the defendant in the “critical stages” of a case. Freedom of recognition is granted after the court considers the seriousness of the crime and the suspect's criminal record, the threat to the community, and links to family and employment. In determining an appropriate sentence, the court will consider a number of factors, including the nature and seriousness of the offense, the defendant's criminal history, the defendant's personal circumstances, and the degree of remorse felt by the defendant. Arizona and refers to the right to a lawyer during interrogation in custody; the Sixth Amendment guarantees the right to effective assistance of an attorney during critical stages of criminal prosecution.
Under the Sixth Amendment, a person facing criminal charges has the right to the effective assistance of a lawyer. At the same time, courts generally agree that pre-trial hearings involving issues related to bail, suppression of evidence, or the viability of the prosecution's case qualify as critical stages of the criminal process (Smith v. Each of these non-critical stages has been described as a preliminary facet of criminal prosecution that is largely unrelated to the most conflicting phases that invoke the right to a lawyer. .