POLS 4720 Lecture Notes - Lecture 11: William Rehnquist, Suspended Sentence, Misdemeanor
19 Apr 2018
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Argensinger and scott apply even if the sentence is suspended. Shelton was convicted of third degree assault and sentenced to 30 days in jail, but the sentence was immediately suspended. Since if a person violates probation for a suspended sentence the person is placed in jail for the offense, there is a risk of incarceration without counsel. Sentencing court may consider a previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense so long as the previous uncounseled misdemeanor conviction did not result in a sentence of imprisonment. Indigent defendants are entitled to a court appointed attorney for appeals that are a matter of right. As far as due process, the state does not have to provide the right to appeal, so there is no violation for due process for not providing an attorney. Does a person have the right to refuse an attorney and represent him or himself.
