Get 210: Representation Under The Cja - Uscourts.govwisconsin Court System - Circuit Court

A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States magistrate judge or the court through appeal, including ancillary matters appropriate to the proceedings.

Criminal Justice Act (CJA) Guidelines | United States Courts.

Gideon and subsequent cases guarantee the right to appointed counsel to anyone charged with a felony or certain misdemeanors. The Supreme Court has subsequently addressed when counsel should be provided, ruling that the right to counsel attaches at a defendant's initial appearance.

At the first appearance, defendants will learn of the charges against them, their constitutional rights, bail options, and other matters. The initial appearance generally starts the criminal process in court.

The Criminal Justice Act Panel is a group of qualified and court-approved attorneys who are eligible for appointment by the Court to represent individuals in criminal cases who are unable for financial reasons to retain counsel.

Williams, 430 U.S. 387 (1977), the Supreme Court held that a defendant gains the right to an attorney “at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

The arraignment is the first time the defendant appears in court. That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. The defendant may then respond to the charges by entering a plea.

When to Invoke the Right to Counsel. As a general matter people are entitled to counsel from the time of arraignment until the end of a trial. The right begins before the trial itself because courts have acknowledged that early events are critical to the criminal proceeding as a whole.