Supreme Court of the United States · 1972 · Criminal Procedure
Criminal ProcedureRight to CounselSixth AmendmentFourteenth Amendmentindigent defendantappointed counselmisdemeanorpetty offense
Facts
Petitioner was an indigent charged in Florida with carrying a concealed weapon, an offense punishable by up to six months in jail, a $1,000 fine, or both. He was tried before a judge without a lawyer. After conviction, he was sentenced to 90 days in jail. He then argued that, because he had been denied counsel, he could not adequately raise and present defenses as an indigent layman.
Issue
Whether the Sixth and Fourteenth Amendments require that an indigent defendant be provided counsel in a state criminal prosecution for a petty or misdemeanor offense that results in imprisonment. More specifically, the question was whether the right to appointed counsel is limited to offenses punishable by more than six months' imprisonment.
Rule
Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at trial.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Toledo, Ohio, Devin Cole, an indigent, is prosecuted in municipal court for a city noise ordinance violation punishable by up to 15 days in jail or a $300 fine. He is tried without appointed counsel and does not waive counsel; after conviction, the judge sentences him to 5 days in jail.
Is Devin's jail sentence constitutional?
Explanation. The majority held that absent a knowing and intelligent waiver, no person may be imprisoned for any offense—petty, misdemeanor, felony, or even a municipal ordinance violation—unless represented by counsel at trial. The offense label and the shortness of the sentence do not matter once actual imprisonment is imposed.