Right To Counsel At Sentencing

• Jurisdiction: Maryland

III. Right to counsel at sentencing

Because it is a "critical stage of [a] criminal proceeding," the defendant has a Sixth Amendment right to counsel at sentencing. Gardner v. Florida, 430 U.S. 349, 358 (1977); Mempa v. Rhay, 389 U.S. 128, 134-37 (1967); Townsend v. Burke, 334 U.S. 736, 740-41 (1948). Given that sentencing is a "critical stage," a defendant who appears for sentencing without counsel should be afforded a meaningful opportunity to explain the reason for their lack of counsel prior to the...