Also known as: uncounselled · without counsel
Written by attorneys · grounded in primary & secondary sources — see below
A defendant or litigant appearing without the assistance of an attorney in a legal proceeding.
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Ulysses Usher faces charges for one theft but sits in a cell awaiting trial. An undercover officer questions him about an unrelated arson without any lawyer present. The statements are admissible because the right to counsel does not extend to the uncharged offense.
Una Ueda hires counsel for her divorce but later cannot pay. The lawyer seeks to withdraw, leaving her without representation in ongoing hearings. The court denies withdrawal because the client would suffer material prejudice from proceeding uncounseled.
Uri Underwood gives an uncounseled statement leading police to a body. At trial the prosecution shows the body would have been found anyway through proper channels. The evidence is admitted despite the lack of counsel during the initial disclosure.
Ulrike Ulrich stands in a post-indictment lineup without counsel present. A witness identifies her as the robber. The identification is suppressed because the uncounseled confrontation occurred at a critical stage after formal charging.
Ulysses Usher is arrested and questioned in custody without receiving warnings or counsel. He makes incriminating statements. The statements are excluded because the uncounseled interrogation violated constitutional protections against compelled self-incrimination.
Unity Underhill faces termination of welfare benefits at an administrative hearing without counsel. She cannot effectively challenge the agency's evidence. The proceeding violates due process because the uncounseled recipient lacks a meaningful opportunity to be heard.
The right attaches at the initiation of adversarial judicial proceedings such as indictment or arraignment. Once attached it is offense specific and does not bar questioning about unrelated uncharged crimes.
Supporting sources
Withdrawal is not permitted when it would materially prejudice the client by leaving her without representation in a complex proceeding. The duty of continued representation persists absent good cause and court permission.
Supporting sources
Yes. A post-indictment corporeal identification is a critical stage at which counsel's presence is required. The absence of counsel renders the identification inadmissible.
Supporting sources
…Court's decision is a deep-seated distrust of all confessions. As the Court declares that the accused may not be interrogated without counsel present, absent a waiver of the right to counsel, and as the Court all but admonishes the lawyer to advise the accused to remain silent, the result adds up to a judicial judgment that…