The Supreme Court says an indigent defendant's right to a lawyer begins when he is brought before a judge, informed why he has been arrested and jailed.
The court ruled 8-1 Monday in favor of Walter Rothgery, whose request for a lawyer was denied by local Texas authorities for six months. Rothgery was arrested in Texas for carrying a gun as a convicted felon, based on a background check that erroneously showed a felony drug conviction in California.
A lawyer would have quickly shown that the report of the previous conviction was mistaken, which would have eliminated the reason for the arrest in the first place.
The issue for the court was at what point in the legal process does the constitutional right to a lawyer kick in.
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