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Criminal Law

: Arizona DUI Defense Blog

Where Does the Right to An Attorney Come from?

By Lawrence Koplow, Esq.

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Over a century ago, the Indiana Supreme Court in Webb v. Baird, 6 Ind. 13 (1853) , formally recognized the right to an attorney for a person accused of a crime.  However, the court did not base its decision on constitutional law.  Rather, it determined this right was grounded in "the principles of a civilized society."  Since Baird, courts have vastly expanded the right to counsel beyond just appointing an indigent person a lawyer.  Specifically, a person has the right consult with an attorney, indigent or not, even before trial.  A person has a right to the assistance of counsel at any stage of an investigation or custody.  In Arizona, the right to counsel comes from four sources...continue to full post

Full post as published by Arizona DUI Defense Blog on October 16, 2007 (boomark / email).

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