Right to Counsel

• Author: Robert K. Gill/Mark G. Daniel
• Pages: 159-188

4-1

CHAPTER 4

RighttoCounsel

I.General Points

§4:01 Constitutional and Statutory Authority

§4:02 Right Attaches When Proceeding Initiated

§4:03 Presence of Counsel During Interrogation

§4:04 Right May Be Invoked by Attorney

§4:05 Invocation of Right Is Offense Specific

§4:06 Comments on Fact of Representation Not Allowed

II.Notice and Substitution as Counsel

§4:10 Letter Notifying Court of Representation

§4:11 Substituting as Counsel

III.Indigent Defendants and Court-Appointed Attorneys

§4:20 Non-Death Penalty Cases

§4:21 Death Penalty Cases

§4:22 Determining Indigency Status

§4:23 Qualifying as Court-Appointed Counsel

§4:24 Time to Prepare for Trial

IV.Privileged Statements

§4:30 Authority for Privilege

§4:31 Suppression Hearings

V.Remedies for Sixth Amendment Violations

§4:40 General Points

§4:41 Suppressing Defendant’s Statements

§4:42 Suppressing Psychiatric Testimony Due to Sixth Amendment Violation

§4:43 Dismissal of Charges Due to Sixth Amendment Violation

§4:44 Motion in Limine Evidence Obtained Due to Sixth Amendment Violation

Texas Criminal Forms 4-2

VI. Self-Representation

§4:50 Statutory Authority

§4:51 Waiver of Right to Counsel

VII.Forms

Form 4-1 Motion to Prohibit Law Enforcement Contact With Defendant

Form 4-2 Motion in Limine Prohibiting Comment on Defendant Contacting or

Retaining Attorney

Form 4-3 Representation Letter

Form 4-4 Motion to Substitute Counsel

Form 4-5 Request for or Waiver of Counsel by Indigent Defendant

Form 4-6 Application for Court-Appointed Counsel

Form 4-7 Court’s Order Appointing Counsel for Defendant

Form 4-8 Deviation From Art. 26.04 Statutory Procedure

Form 4-9 Application to Qualify as Court-Appointed Counsel

Form 4-10 Order Appointing Counsel on Appeal

Form 4-11 Motion for Continuance After Appointment

Form 4-12 Waiver of Trial Preparation Time

Form 4-13 Motion to Suppress Privileged Statements

Form 4-14 Motion in Limine—Privileged Statements

Form 4-15 Defendant’s Brief in Support of Motion to Suppress Privileged Statements

Form 4-16.1 Motion to Suppress Due to Sixth Amendment Violation

Form 4-16.2 Motion in Limine (Evidence Obtained Due to Sixth Amendment Violation)

Form 4-17 Defendant’s Brief in Support of Pre-Trial Motion to Suppress and Dismiss Based

on Sixth Amendment Violation

Form 4-18 Suppression of Psychiatric Testimony Due to Sixth Amendment Violation

Form 4-19 Motion to Dismiss Due to Sixth Amendment Violation

Form 4-20 Defendant’s Waiver of Right to Counsel