Sixth Amendment

Oregon Supreme Court Rules Criminal Charges Dismissed If No Lawyer Provided

Oregonians charged with a crime must have their cases dismissed if the state fails to provide a defense attorney for 60 consecutive days in misdemeanor cases or 90 days in felony cases after their first court appearance. This unanimous ruling by the Oregon Supreme Court aims to address the state’s ongoing public defense crisis and uphold defendants’ constitutional right to counsel. While prosecutors can refile charges later if counsel is provided, the court recognized the significant harm caused by extended periods without legal representation. This decision, stemming from a case involving Allen Rex Roberts, establishes a clear deadline to prevent defendants from being subjected to prosecutorial powers without a means to respond effectively.

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Minnesota Lawyers Allege DHS Denies Counsel to Detainees

Lawyers allege that the Department of Homeland Security (DHS) is actively preventing detainees in Minnesota from accessing legal counsel. This situation, according to several attorneys, represents a blatant disregard for the detainees’ constitutional rights. The concerns center around the core principles enshrined in the Fifth and Sixth Amendments, specifically the right to due process and the right to legal representation.

The attorneys paint a picture of deliberate obstruction. One lawyer, recounting their experience, described being physically barred from seeing their client for hours. Repeated attempts to gain access were met with a consistent denial, with ICE agents citing an inability to accommodate attorney visits.… Continue reading