Does a defendant have a right to counsel during the sentencing phase of their criminal trial?
MultiRegion, United States of America
The following excerpt is from Hines v. Miller, 318 F.3d 157 (2nd Cir. 2003):
rights of a criminal accused may be affected."). It has also held that the right to counsel applies equally to the trial and sentencing phases of a defendant's proceedings. See Von Moltke v. Gillies, 332 U.S. 708, 721, 68 S.Ct. 316, 92 L.Ed. 309 (1948) ("A waiver of the constitutional right to the assistance of counsel is of no less moment to an accused who must decide to plead guilty than to an accused who stands trial.").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a harsher sentence for a defendant's assertion of his right to trial a punishment for his assertion that he did not have a fair trial? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Can a defendant be punished for exercising his right to remain silent during the sentencing phase of a criminal prosecution? (MultiRegion, United States of America)
Does a defendant have a constitutional right to seek personal counsel for a motion seeking to amend his criminal record under section 2255 of the Criminal Code? (MultiRegion, United States of America)
Can a criminal defendant change trial counsel during the course of the trial? (MultiRegion, United States of America)
Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice? (MultiRegion, United States of America)
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se? (MultiRegion, United States of America)
Does a defendant in a criminal trial have a right to waive counsel and conduct his own defense? (MultiRegion, United States of America)
Can a criminal defendant waive his Sixth Amendment right to counsel to invoke his right to self-representation? (MultiRegion, United States of America)
