50th Anniversary - Landmark Case Guarantees Your Right to Legal Representation

"It is an obvious truth that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel. Lawyers in criminal courts are necessities, not luxuries."       -   Gideon v. Wainwright 372 U.S. 335 (1963)

It was a case decided by the U.S. Supreme Court 50 years ago and it remains an important pillar in this country’s justice system. Gideon v. Wainright was a seminal case which said that any individual has an absolute right to an attorney in a criminal case even if that individual doesn’t have the money to afford legal counsel.  In such instances, the court will appoint an attorney to assure that the defendant can get a fair trial.

While some people view attorneys as merely slowing down the justice system or perhaps finding loopholes in the law, they need to keep in mind it’s an absolute protection and necessity so that those who are untrained or unskilled in the criminal defense world have protection guaranteeing their constitutional rights.

In my view, there is simply no question that this was one of the most important legal decisions in history. The Supreme Court certainly thought it was important that those accused of a crime should have an attorney and the ability to pay for one should not have any bearing on the case.

To use an analogy, if you had a son or daughter that was sick, you take them to a doctor. If they are in the emergency room, you want them to have access to the skilled physicians, nurses and other medical personnel to help them in their time of need.

It’s no different in the court system. If you’ve got a legal problem, you get a lawyer in the same way to go to a doctor with a medical problem. There are complexities that only attorneys can navigate because of their skills and training.

So, what’s the process if you don’t have the money to hire an attorney? When you enter the criminal court system, you’ll be asked whether you wish to have an attorney. Keep in mind, people do have the right in certain circumstances and assuming certain criteria to represent themselves. However, that old adage which says, “The person who represents himself has a fool for a client” generally holds true.

If you need an attorney and can’t afford one, the court will usually send you to the state public defender’s office where you will need to complete an amount of indigence paperwork to determine whether you qualify. Assuming you qualify, you will have a state public defender appointed to your case. If there is a conflict of some sort, they may have a private bar attorney paid at a reduced rate to represent you.

If you don’t qualify for a state public defender, the counties have the ability through the court system to appoint attorneys at a reduced rate where you would need to pay back the county over a prescribed length of time.

Once again, your right to an attorney is well-protected and something that the courts are very adamant about making sure that people who want or need attorneys are absolutely given that opportunity through whatever means are necessary.

Certainly, there are the critics who might say that lawyers are in favor of this law because it involves their livelihoods. But those same critics have most likely never had a family member or loved one who’s been involved in the criminal court system and believe that their constitutional rights have been violated.  While there are certainly some unscrupulous attorneys who seek to manipulate the system, in the bigger picture, attorneys have a job to do in protecting the constitutional rights of every person involved in the criminal justice system.

The Gideon v. Wainright ruling guarantees that your rights will be honored.

About Attorney Mark Powers
Attorney Mark Powers is a partner at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha. Previously, Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office and is currently serving as a municipal judge in North Prairie. He focuses in the area of criminal defense, and has handled many cases involving operating a motor vehicle while intoxicated, domestic disputes, and drug offenses.

Powers attended Valparaiso University School of Law, where he received his Juris Doctorate. Prior to law school, Mark attended the University of Wisconsin, Lacrosse where he received his bachelor of science in Political Science.

For more information, please call 262.549.5979 or visit www.waukeshacriminalattorneys.com.