In criminal law , the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers ) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses . The right to counsel is generally regarded as a constituent of the right to a fair trial . Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions . Of the 194 constitutions currently in force, 153 have language to this effect.
124-548: Maury County ( / ˈ m ʌr i / MURR -ee ) is a county located in the U.S. state of Tennessee , in the Middle Tennessee region. As of the 2020 census , the population was 100,974. Its county seat is Columbia . Maury County is part of the Nashville-Davidson – Murfreesboro – Franklin , TN metropolitan statistical area . The county was formed in 1807 from Williamson County and Indian lands. Maury County
248-414: A Legal Aid Commission to provide legal services in criminal, civil, and family law matters to the indigent, but will only assist those who meet their threshold criteria, particularly with regard to income. Anyone accused of a Commonwealth crime, or crime falling within the jurisdiction of the federal government, has the right to ask a judge for counsel within two weeks of committal, and the judge may appoint
372-1054: A city , town , or village . A few counties directly provide public transportation themselves, usually in the form of a simple bus system. However, in most counties, public transportation is provided by one of the following: a special district that is coterminous with the county (but exists separately from the county government), a multi-county regional transit authority, or a state agency. In western and southern states, more populated counties provide many facilities, such as airports, convention centers , museums, recreation centers , beaches, harbors, zoos, clinics, law libraries , and public housing . They provide services such as child and family services, elder services, mental health services, welfare services, veterans assistance services, animal control , probation supervision, historic preservation, food safety regulation, and environmental health services. They have many additional officials like public defenders , arts commissioners, human rights commissioners, and planning commissioners. There may be
496-446: A consolidated city-county or independent city exists, a city council usually governs city/county or city affairs. In some counties, day-to-day operations are overseen by an elected county executive or by a chief administrative officer or county administrator who reports to the board, the mayor, or both. In many states, the board in charge of a county holds powers that transcend all three traditional branches of government. It has
620-475: A lawyer . The Constitution of Brazil declares that all defendants have right to counsel, and mandates that all defendants who cannot pay for an attorney are entitled to state-funded legal representation in all criminal and civil cases . Public defender's offices exist at both state and federal levels as mandated by the constitution. A person must formally declare that they cannot afford regular legal aid to benefit from public defenders' services. In Canada,
744-519: A Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing (even though deportability is often a collateral consequence of criminal conviction). However, as described below, there are certain civil proceedings where parties have a right to appointed counsel; such a right is pursuant to the Fourteenth Amendment 's due process or equal protection clause, a state constitution's due process or equal protection clause, or
868-650: A case without a lawyer present for the defendant, and mandated that a court must appoint a lawyer when the defendant cannot afford one. Public legal assistance is provided through the National Legal Services Authority and state-level legal services organizations. Courts appoint legal aid lawyers in both civil and criminal cases. All defendants, detainees, and criminal suspects in Israel are entitled to legal representation in any criminal proceedings pertaining to them and all suspects are also entitled to consult
992-510: A change of venue, but only to another small town, where trials took place throughout the summer of 1946. Marshall was assisted by two local attorneys, Zephaniah Alexander Looby , originally from the British West Indies , and Maurice Weaver, a white activist from Nashville. Marshall was also preparing litigation for education and voting-rights cases. Marshall gained acquittals for 23 of the black defendants, even with an all-white jury . At
1116-424: A county fire department and a county police department – as distinguished from fire and police departments operated by individual cities, special districts, or the state government. For example, Gwinnett County, Georgia , and its county seat, the city of Lawrenceville , each have their own police departments. (A separate county sheriff's department is responsible for security of the county courts and administration of
1240-524: A crime carrying a penalty of at least 5 years imprisonment are entitled to representation by the Public Defense, as are juveniles and the disabled. All indigent detainees and detainess for whom a request has been filed for remand until the end of proceedings are also entitled to representation from the Public Defense, as are prisoners who are facing parole hearings, anyone facing extradition proceedings, and sentenced defendants requesting retrial when cause
1364-463: A federal/state statute. Subject to considerations such as conflicts of interest, scheduling, counsel's authorization to practice law in the jurisdiction, and counsel's willingness to represent the defendant (whether pro bono or for a fee), criminal defendants have a right to be represented by counsel of their choice. The remedy for erroneous deprivation of first choice counsel is automatic reversal. A criminal defendant unable to afford counsel has
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#17330558332361488-460: A few counties bear names of Native American , French, or Spanish origin. Counties are most often named for people, often political figures or early settlers, with over 2,100 of the 3,144 total so named. The most common county name, with 31, is Washington County , for America's first president, George Washington . Up until 1871, there was a Washington County within the District of Columbia , but it
1612-537: A hospital for treatment, a mob gathered. A risk arose that the Stephensons would be lynched. Julius Blair, a 76-year-old black store owner, arranged to have the Stephensons released to his custody. He drove them out of town for their protection. When the mob did not disperse, about 100 African-American men began to patrol their neighborhood, located south of the courthouse square, determined to resist. Four police officers were shot and wounded when they entered "Mink Slide",
1736-400: A land area of 20,057 square miles (51,947 km ). The least extensive county is Kalawao County, Hawaii , with a land area of 11.991 square miles (31.058 km ). The least extensive county equivalent in the 50 states is the independent city of Falls Church, Virginia , with a land area of 1.999 square miles (5.177 km ). If U.S. territories are included,
1860-453: A large number of counties, and many Western states were sparsely populated when counties were created by their respective state legislatures. The five counties of Rhode Island and eight of the 14 counties of Massachusetts no longer have functional county governments, but continue to exist as legal and census entities. Connecticut abolished county governments in 1960, leaving its eight counties as mere legal and census entities. In 2022,
1984-427: A lawyer for a defendant unable to hire one, and it is mandatory for courts to appoint a lawyer to the blind, deaf , and mute, minors, and anyone facing the death penalty. The Chinese government operates thousands of legal aid centers nationwide for indigent defendants. The provincial governments rather than the central government are responsible for setting the threshold at which an economically disadvantaged person meets
2108-531: A lawyer if convinced that the defendant cannot afford counsel. A network of community legal centres also exists to provide legal services free of charge to poor people who do not qualify for Legal Aid . Although they receive federal and state funding, they are independent non-profit organizations which rely on lawyers to staff them on a volunteer basis. Most cannot adequately keep up with demand and must turn some people away. Those who cannot obtain any kind of legal assistance may go unrepresented if they cannot pay for
2232-487: A lawyer prior to police interrogation. However, only those deemed eligible are entitled to state-funded representation if they cannot afford a lawyer. The Israeli Justice Ministry maintains the Public Defense unit to provide state-funded legal counsel to eligible defendants. In criminal trials, all defendants charged with a severe crime carrying a penalty of at least 10 years imprisonment and indigent defendants charged with
2356-534: A lawyer, one will be assigned to the case. If no lawyer is available, an "honorable person" must take the place of a lawyer. Defendants have the right to refuse counsel unless illiterate or a minor, in which case a judge may impose a lawyer on the accused. Under Article 20 (titled Access to law and effective judicial protection) of the Portuguese Constitution , every citizen has the right to legal information, legal counselling, and legal assistance as part of
2480-426: A legal basis to go forward. The Legal Services Agency of Northern Ireland provides civil and criminal legal aid. Civil legal aid is means-tested. Criminal legal aid is provided free of charge to anyone facing police questioning. For criminal trials, legal aid is means-tested and is also merit-tested to determine whether it is in the interests of justice that the defendant receive legal aid. The Sixth Amendment to
2604-882: A matter of U.S. state law , so the specific governmental powers of counties may vary widely between the states, with many providing some level of services to civil townships , municipalities , and unincorporated areas . Certain municipalities are in multiple counties ; New York City is uniquely partitioned into five counties, referred to at the city government level as boroughs . Some municipalities have been consolidated with their county government to form consolidated city-counties , or have been legally separated from counties altogether to form independent cities . Conversely, counties in Connecticut and Rhode Island , eight of Massachusetts's 14 counties , and Alaska's Unorganized Borough have no government power, existing only as geographic distinctions. The United States Census Bureau uses
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#17330558332362728-505: A minimum of 50 hours of legal representation for free or with minimum payment. The Napoleonic Code of Criminal Instruction, adopted in France in 1808 and inspiring many similar codes in civil law countries, made it compulsory that the defendant should have a lawyer when tried in the assize courts (which judged severe crimes). All criminal defendants in France enjoy right to counsel, and there
2852-621: A plain and honest Defence, which ... is always the best; the Simplicity and Innocence, artless and ingenuous Behaviour of one whose Conscience acquits him, having something in it more moving and convincing than the highest Eloquence of a Person speaking in a cause not their own. This changed as more and more prosecutions became, for reasons of public policy, funded by the Crown, who employed professional counsel. An innate sense of fair-play prevailed therefore, permitting defence counsel to be present, albeit at
2976-495: A police station is entitled to free legal advice. Legal aid in criminal trials is also means-tested unless the defendant is under 16 or under 18 and in full-time education, or receiving certain benefits. A defendant may be asked to pay a contribution for their defense. The Scottish Legal Aid Board provides civil and criminal legal aid in Scotland. In criminal cases, legal aid is provided if facing serious charges likely to result in
3100-415: A population over 100,000; 137 counties have a population over 500,000; 45 counties have a population over 1,000,000; and 14 counties have a population over 2,000,000. At the other extreme, 35 counties have a population under 1,000; 307 counties have a population under 5,000; 709 counties have a population under 10,000; and 1,492 counties have a population between 10,000 and 50,000. At the 2000 U.S. Census ,
3224-478: A prison sentence or job loss, the mentally and physically disabled , those who do not speak English as a first language, those held on remand , and those facing appeals . Those requesting legal aid must show that they cannot afford to pay their own legal costs or doing so would be unfair to themselves or their families. Legal aid in civil cases is provided for applicants who show they cannot pay for their own legal costs, as well as those whose cases are deemed to have
3348-567: A right to appointed counsel if they are not sentenced to actual imprisonment, even if that conviction is later used to enhance sentencing for another crime, or even if the revocation of probation may result in actual imprisonment (although for parole revocation, the court evaluates the right to counsel on a case-by-case-basis). Nor does the defendant have the right to appointed counsel to raise frivolous arguments on direct appeal, or to raise any arguments on habeas or other collateral appeal, even if facing execution. One federal court has held that
3472-522: A right to counsel in certain types of federal court proceedings, such as civil forfeiture of a primary residence or proceedings involving those in active military service. Finally, all states provide a right to counsel by either statute , court decision, or court rule in at least some civil proceedings, with the most commonly covered proceedings being termination of parental rights, abuse/neglect, civil commitment, paternity, and civil contempt. The state court decisions can be based on interpretation of either
3596-411: A specific lawyer. The defendant will not be charged for legal services if acquitted, but will be liable to pay the lawyer's expenses if convicted unless the court finds that the defendant is indigent. In civil cases, the state provides legal representation, legal advice, and help in covering court costs to those who cannot raise the necessary funds to hire an attorney, but only when it is deemed that there
3720-467: A state court must appoint counsel upon imposition of probation, regardless of whether a separate suspended sentence of incarceration is also imposed and regardless of whether counsel is provided for any subsequent probation revocation proceeding, while others have held or suggested that if probation is imposed without counsel, then a person may not be subsequently jailed for violation of that probation. With respect to federal law on civil proceedings, there
3844-428: Is Lake . Words from Native American languages, as well as the names of Native American leaders and tribes, lend their names to many counties. Quite a few counties bear names of French or Spanish origin, such as Marquette County being named after French missionary Father Jacques Marquette . The county's equivalent in the state of Louisiana, the parish (Fr. paroisse civile and Sp. parroquia ) took its name during
Maury County, Tennessee - Misplaced Pages Continue
3968-564: Is 343 sq mi (890 km ), whereas in Utah it is 2,427 sq mi (6,290 km ). The most extensive county or county equivalent is the Yukon–Koyukuk Census Area, Alaska , with a land area of 145,505 square miles (376,856 km ). All nine of the most extensive county equivalents are in Alaska. The most extensive county is San Bernardino County, California , with
4092-452: Is a constitutional right to counsel for juveniles in delinquency proceedings, and there is a right to "qualified and independent assistance" (although not necessarily an attorney) for prisoners involuntarily transferred to a mental health facility. The federal constitutional right to appointed counsel in termination of parental rights proceedings is on a case-by-case basis. For civil contempt proceedings related to failure to pay child support,
4216-510: Is a reasonable chance of success. Article 22 of the Constitution of India states that "No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice." In 2011, the Supreme Court of India ruled that a court could not decide
4340-562: Is a risk of unfair trial. The High Court of Australia ruled in Dietrich v The Queen that while indigent defendants are not entitled to legal defense as a guaranteed right, a judge should typically grant a request for an adjournment or stay in most serious criminal cases where a defendant is unrepresented, and should allow a trial where a defendant accused of a serious criminal offense is left unrepresented to proceed only in exceptional circumstances. Each state and territory of Australia has
4464-497: Is also a right to counsel in civil and administrative cases. State-funded legal aid for those facing criminal, civil, and administrative cases is available to those legally resident in France, and in some cases can be used for cases in another jurisdiction in Europe. Eligibility is means-tested, with a sliding scale of support based on income. Those at or below the lowest threshold are entitled to full legal assistance with all costs paid by
4588-501: Is an unusual case because it encompasses multiple entire counties in one city. Each of those counties is coextensive with one of the five boroughs of the city: Manhattan (New York County), The Bronx (Bronx County), Queens (Queens County), Brooklyn (Kings County), and Staten Island (Richmond County). Right to counsel In Australia , suspects and defendants have the right to have legal representation during investigation and trial . Those under investigation in general have
4712-500: Is either done at the state level or at the municipal level. In Connecticut and parts of Massachusetts, regional councils have been established to partially fill the void left behind by the abolished county governments. The regional councils' authority is limited compared with a county government—they have authority only over infrastructure and land use planning, distribution of state and federal funds for infrastructure projects, emergency preparedness, and limited law enforcement duties. In
4836-406: Is found. All defendants facing civil cases also have the right to counsel. The Ministry of Justice operates a Legal Aid Department to assist those eligible for state-funded legal aid in civil cases. Legal aid in civil cases is provided for a variety of fields, and applicants must typically meet the financial eligibility test to receive legal aid. However, in some categories of civil cases, legal aid
4960-399: Is greater than the populations of 41 U.S. states, and is only slightly smaller than the combined population of the 10 least populous states and Washington, D.C. It also makes the population of Los Angeles County 17.4 times greater than that of the least populous state, Wyoming. The second most populous county is Cook County, Illinois , with a population of 5,275,541. Cook County's population
5084-455: Is larger than that of 28 individual U.S. states and the combined populations of the six smallest states. The least populous county is Loving County, Texas , with 64 residents in 2020. Eight county equivalents in the U.S. territories have no human population: Rose Atoll , Northern Islands Municipality , Baker Island , Howland Island , Jarvis Island , Johnston Atoll , Kingman Reef , and Navassa Island . The remaining three islands in
Maury County, Tennessee - Misplaced Pages Continue
5208-459: Is mandatory that all defendants charged with a crime carrying a penalty of at least one year in prison have legal counsel, even if they themselves do not wish to have it, and the court will appoint a lawyer to represent a defendant who has not done so. There is no organized public defender system in Germany. The court can appoint any lawyer as counsel to a specific defendant, and a defendant may select
5332-769: Is no formal level of government (municipality, public education, or otherwise) existing below that of the county in the state. In most Midwestern and Northeastern states, counties are further subdivided into townships or towns , which sometimes exercise local powers or administration. Throughout the United States, counties may contain other independent, self-governing municipalities . In New England, counties function at most as judicial court districts and sheriff's departments (presently, in Connecticut only as judicial court districts—and in Rhode Island , they have lost both those functions and most others but they are still used by
5456-425: Is not per se violated by the appointment of standby counsel . There is no constitutional right to self-representation on appeal. The Constitution of Singapore mandates that "Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice." The Supreme Court of Singapore ruled that this means that
5580-453: Is provided without an examination of financial eligibility. The Constitution of Japan guarantees the right to legal counsel. If a defendant is a minor or is found to be unable to pay for a lawyer, the court may appoint one at no expense to the defendant. The right to court-appointed counsel only exists after charges are brought. Following arrest a suspect is entitled to one free visit from a duty lawyer who will provide legal advice, explain
5704-410: Is rarely a county responsibility, execution of capital punishment is never a county responsibility, and the state's responses to prisoners' appeals are the responsibility of the state attorney general , who has to defend before the state appellate courts the prosecutions conducted by locally elected district attorneys in the name of the state. Furthermore, county-level trial court judges are officers of
5828-557: Is simultaneously a city, which is a municipality (municipal corporation), and a county, which is an administrative division of a state, having the powers and responsibilities of both types of entities. The city limit or jurisdiction is synonymous with the county line, as the two administrative entities become a non-dichotomous single entity. For this reason, a consolidated city-county is officially remarked as name of city – name of county (i.e., Augusta–Richmond County in Georgia). The same
5952-501: Is true of the boroughs of New York City , each of which is coextensive with a county of New York State. For those entities in which the city uses the same name as the county, city and county of name may be used (i.e., City and County of Denver in Colorado). Similarly, some of Alaska 's boroughs have merged with their principal cities, creating unified city-boroughs. Some such consolidations and mergers have created cities that rank among
6076-634: The Alaska Constitutional Convention wanted to avoid the traditional county system and adopted their own unique model with different types of boroughs varying in powers and duties. In some states, these powers are partly or mostly devolved to the counties' smaller divisions usually called townships , though in New York, New England and Wisconsin they are called "towns". The county may or may not be able to override its townships on certain matters, depending on state law. The newest county in
6200-454: The City and County of Philadelphia, Pennsylvania ; City and County of San Francisco, California ; and Lynchburg-Moore County, Tennessee A consolidated city-county may still contain independent municipalities maintaining some governmental powers that did not merge with the rest of the county. For example, the government of Jacksonville–Duval County, Florida , still provides county-level services to
6324-615: The Constitution of the People's Republic of China and Article 11 of the Criminal Procedure Law of 1996, Chinese citizens have the right to legal counsel in court. The accused's right to counsel in China only comes into being once a case goes to trial. It does not exist at the investigative stage. A suspect under investigation only has the right to retain a lawyer to assist in securing bail, making procedural complaints, and seeking details from
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#17330558332366448-648: The Federal Security Service or Main Investigative Directorate, there is a closed group of attorneys who represent defendants. Before the Prisoners' Counsel Act 1836, felony defendants had the formal right but not any guarantee of being represented by a counsel in English courts although, from the mid-18th century such had been routinely indulged where defendants could afford them. It was thought, at
6572-597: The Mid-Atlantic and Midwest , counties typically provide, at a minimum, courts, public utilities , libraries, hospitals, public health services, parks, roads, law enforcement, and jails. There is usually a county registrar, recorder, or clerk (the exact title varies) who collects vital statistics , holds elections (sometimes in coordination with a separate elections office or commission), and prepares or processes certificates of births, deaths, marriages, and dissolutions (divorce decrees). The county recorder normally maintains
6696-462: The NAACP . The county jail was soon overcrowded with black "suspects". Police questioned them for days without counsel . Two black men were killed and one wounded, allegedly while "trying to escape" during a transfer. About 25 black men were eventually charged with rioting and attempted murder. The NAACP sent Thurgood Marshall as the lead attorney to defend Stephenson and the other defendants. He gained
6820-552: The New York City Borough of Manhattan), with 72,033 persons per square mile (27,812 persons/km ) in 2015. The Yukon–Koyukuk Census Area, Alaska , is both the most extensive and the least densely populated county or county equivalent with 0.0380 persons per square mile (0.0147 persons/km ) in 2015. In the 50 states (plus the District of Columbia), a total of 981 counties have a population over 50,000; 592 counties have
6944-559: The Province of Maine founded York County . Massachusetts followed in 1643. Pennsylvania and New York delegated significant power and responsibility from the colony government to county governments and thereby established a pattern for most of the United States, although counties remained relatively weak in New England . When independence came, the framers of the Constitution left
7068-437: The U.S. Minor Outlying Islands ( Midway Atoll , Palmyra Atoll and Wake Island ) have small non-permanent human populations. The county equivalent with the smallest non-zero population counted in the census is Swains Island, American Samoa (17 people), although since 2008 this population has not been permanent either. The most densely populated county or county equivalent is New York County, New York (coextensive with
7192-569: The USGS counts Guam's election districts (villages) as county equivalents. The U.S. Census Bureau counts the 3 main islands in the U.S. Virgin Islands as county equivalents, while the USGS counts the districts of the U.S. Virgin Islands (of which there are 2) as county equivalents. Common sources of county names are names of people, geographic features, places in other states or countries, and animals. Quite
7316-545: The United States , a county or county equivalent is an administrative or political subdivision of a U.S. state or other territories of the United States which consists of a geographic area with specific boundaries and usually some level of governmental authority. The term " county " is used in 48 states, while Louisiana and Alaska have functionally equivalent subdivisions called parishes and boroughs , respectively. Counties and other local governments exist as
7440-671: The United States Census Bureau and some other federal agencies for some federal functions), and most of the governmental authority below the state level is in the hands of towns and cities . In several of Maine's sparsely populated counties, small towns rely on the county for law enforcement, and in New Hampshire several social programs are administered at the state level. In Connecticut, Rhode Island, and parts of Massachusetts, counties are now only geographic designations, and they do not have any governmental powers. All government
7564-469: The antebellum era, planters in Maury County relied on the labor of enslaved African Americans to raise and process cotton, tobacco, and livestock (especially dairy cattle). Racial violence was less than in some areas, but the county had five documented lynchings in the period from 1877 to 1950, of which three took place in the early 20th century. With the mechanization of agriculture, particularly from
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#17330558332367688-567: The central business district of Mount Pleasant and 8 nautical miles (15 km; 9.2 mi) southwest of Columbia. The Maury County Public Schools district operates public schools in the entire county. Maury County, like most suburban and rural communities in Tennessee, leans strongly Republican . It has not gone Democratic in a presidential election since 1996. 35°37′N 87°05′W / 35.62°N 87.08°W / 35.62; -87.08 County (United States) In
7812-466: The county seat ("parish seat" in Louisiana, "borough seat" in Alaska, or " shire town " in several New England counties). The county seat usually resides in a municipality. However, some counties may have multiple seats or no seat. In some counties with no incorporated municipalities, a large settlement may serve as the county seat. The power of county governments varies widely from state to state, as does
7936-473: The median land area of U.S. counties was 622 sq mi (1,610 km ), which is two-thirds of the median land area of a ceremonial county of England , and a little more than a quarter of the median land area of a French département . Counties in the western United States typically have a much larger land area than those in the eastern United States. For example, the median land area of counties in Georgia
8060-467: The 1930s, the need for farm labor in the county was reduced. Also, many African Americans moved to northern and midwestern industrial cities in the 20th century to escape Jim Crow conditions and for employment opportunities, particularly during the Great Migration . This movement out of the county continued after World War II. Other changes have led to increased population since the late 20th century, and
8184-451: The 50 states and District of Columbia. There are an additional 100 county equivalents in the territories of the United States . The average number of counties per state is 62, with a range from the three counties of Delaware to the 254 counties of Texas . Southern and Midwestern states generally tend to have more counties than Western or Northeastern states, as many Northeastern states are not large enough in area to warrant
8308-454: The 50 states and the District of Columbia. If the 100 county equivalents in the U.S. territories are counted, then the total is 3,244 counties and county-equivalents in the United States. The idea of counties originated with the counties of England . English (after 1707, British ) colonists brought to their colonies in North America a political subdivision that they already used in
8432-973: The British metropole : the counties. Counties were among the earliest units of local government established in the Thirteen Colonies that would become the United States. Virginia created the first counties in order to ease the administrative workload in Jamestown . The House of Burgesses divided the colony first into four "incorporations" in 1617 and finally into eight shires (or counties) in 1634: James City , Henrico , Charles City , Charles River , Warrosquyoake , Accomac , Elizabeth City , and Warwick River . America's oldest intact county court records can be found at Eastville, Virginia , in Northampton (originally Accomac) County , dating to 1632. Maryland established its first county, St. Mary's in 1637. In 1639,
8556-509: The Court held that counsel's failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have pleaded guilty but for such failure to withdraw his guilty plea. In Faretta v. California (1975), the court held that a criminal defendant has the right to knowingly and voluntarily opt for pro se representation at trial. This right
8680-644: The U.S. Census Bureau began to also count Connecticut's Councils of Governments , which took over some of the regional powers from the state's former county governments, as county equivalents. Territories of the United States do not have counties; instead, the United States Census Bureau also divides them into county equivalents. The U.S. Census Bureau counts American Samoa 's districts and atolls as county equivalents. American Samoa locally has places called "counties", but these entities are considered to be " minor civil divisions " (not true counties) by
8804-473: The U.S. Census Bureau recognized the state's nine Councils of Governments as replacement for the state's eight legacy counties for all statistical purposes; full implementation was completed in 2024. The average U.S. county population was 104,435 in 2019, while the median county, which is Nicholas County, West Virginia , had a population of 25,965 in 2019. The most populous county is Los Angeles County, California , with 10,014,009 residents in 2020. This number
8928-475: The U.S. Census Bureau treats American Samoa's three districts and two atolls as county equivalents). American Samoa's counties are treated as minor civil divisions. Most territories are directly divided into municipalities or similar units, which are treated as equivalent of counties for statistical purposes: The U.S. Census Bureau counts all of Guam as one county equivalent (with the FIPS code 66010), while
9052-683: The U.S. Census Bureau. The number of counties per state ranges from the three counties of Delaware to the 254 counties of Texas . County populations also vary widely: in 2017, according to the Census Bureau, more than half the U.S. population was concentrated in just 143 of the more than 3,000 counties, or just 4.6% of all counties; the five most populous counties, ordered from most to least, are Los Angeles County, California ; Cook County, Illinois ; Harris County, Texas ; Maricopa County, Arizona ; and San Diego County, California . As of 2022 , there are 3,144 counties and county-equivalents in
9176-458: The U.S. Supreme Court has said there is no federal constitutional right to counsel even if the litigant is being jailed, provided that all of the following is true: a) the state is providing sufficient procedural safeguards to ensure the person actually has the ability to pay but is refusing to do so; b) the matter is not "unusually complex"; and c) the plaintiff is neither the government nor represented by counsel. Federal statutory law provides for
9300-577: The United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence. The assistance of counsel clause includes, as relevant here, five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel , and the right to represent oneself pro se . A defendant does not have
9424-484: The United States is the city and county of Broomfield, Colorado , established in 2001 as a consolidated city-county , previously part of four counties. The newest county equivalents are the Alaskan census areas of Chugach and Copper River , both established in 2019, and the Alaskan boroughs of Petersburg established in 2013, Wrangell established in 2008, and Skagway established in 2007. A consolidated city-county
9548-474: The accused is under the age of 18. In October 2010, the Supreme Court of Canada affirmed in the case R v Sinclair that the right to counsel during interrogation is not absolute. It said that importing US-style Miranda rights was not in the interests of Canada. The ruling was a bare majority ruling , with a strenuously voiced minority opinion stating that it would lead to more false confessions and wrongful convictions . According to Article 125 of
9672-494: The accused must be given counsel in a reasonable period of time from the arrest, but not necessarily immediately after the arrest. In criminal cases, the government only provides state-funded legal assistance when the accused faces the death penalty, but it provides legal representation and advice in a variety of civil cases. State-funded legal assistance is provided through the Ministry of Law's Legal Aid Bureau . Most clients must pay
9796-405: The average family size was 3.03. In the county, the age distribution was 26.2% under 18, 8.7% from 18 to 24, 29.8% from 25 to 44, 23.2% from 45 to 64, and 12.0% who were 65 or older. The median age was 36 years. For every 100 females, there were 94.60 males. For every 100 females 18 and over, there were 90.30 males. The median income for a household in the county was $ 41,591, and for a family
9920-402: The board. These positions may include county clerk , county treasurer , county surrogate, sheriff , and others. District attorneys or state attorneys are usually state-level as opposed to county-level officials, but in many states, counties and state judicial districts have coterminous boundaries. The site of a county's administration, and often the county courthouse , is generally called
10044-410: The city and the county at least nominally exist, they are properly classified as counties in their own right. Likewise, the boroughs of New York City are coextensive with counties and are therefore by definition also not county equivalents. There are technically no counties in U.S. territories. American Samoa has its own counties , but the U.S. Census Bureau does not treat them as counties (instead,
10168-421: The county (which merely implements state law). A typical criminal defendant will be arraigned and subsequently indicted or held over for trial before a trial court in and for a particular county where the crime occurred, kept in the county jail (if he is not granted bail or cannot make bail), prosecuted by the county's district attorney, and tried before a jury selected from that county. But long-term incarceration
10292-721: The county has led the state in beef cattle production. On the night of February 26–27, 1946, a disturbance known as the "Columbia Race Riot" took place in Columbia , the county seat. The national press called it the first "major racial confrontation" after the Second World War. It marked a new spirit of resistance by African-American veterans and others following their participation in World War II , which they believed had earned them their full rights as citizens, despite Jim Crow laws. James Stephenson, an African-American Navy veteran,
10416-457: The county jail.) In several southern states, public school systems are organized and administered at the county level. As of 2024 , there were 2,999 counties, 64 Louisiana parishes , 19 organized boroughs and 11 census areas in Alaska, 9 Councils of Government in Connecticut, 41 independent cities , and the District of Columbia for a total of 3,144 counties and county equivalents in
10540-480: The county. As of the census of 2010, 80,932 people and 33,332 households were residing in the county. The population density was 132 people per square mile (51 people/km). There were 37,470 housing units at an average density of 61 units per square mile (24/km). The racial makeup of the county was 84.4% White, 11.9% African American, 0.5% Native American, 1.0% Asian, 0.1% Pacific Islander, 1.44% from other races, and 2.1% from two or more races. About 5.8% of
10664-505: The criteria for legal assistance. The right to counsel is considered a constitutional right in Ethiopia. As per Article 20(5) of the Constitution of Ethiopia , "Accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense." Ethiopia has public defender systems at both
10788-528: The defendant's own expense. As such, defendants who could not afford counsel were at a significant disadvantage. Legal aid in England and Wales is provided through the Legal Aid Agency , which provides aid in both civil and criminal cases. Legal aid in civil cases is means-tested, with only those showing they cannot afford the legal costs and the case is serious eligible. In criminal cases, everyone questioned at
10912-525: The detained to choose, and prefer to appoint lawyers with whom they have a comfortable working relationship, so in practice the publicly appointed lawyers will often in fact help the prosecution by not vigorously defending their clients and simply signing the necessary documents and attending the necessary proceedings, and investigators will stop appointing lawyers who inconvenience the prosecution. Defendants may opt for privately retained counsel instead, though some administrative obstacles exist. For cases tried by
11036-413: The early 20th century. Interstate 65 runs along the eastern portion of Maury County for about 18 miles (29 km), bypassing Columbia and Spring Hill. State Route 396 is a short controlled-access highway that connects I-65 to Spring Hill. U.S. Route 31 , which parallels I-65 its entire length through Tennessee, runs through Columbia and Spring Hill, and U.S. Route 431 runs for a short distance in
11160-602: The federal and regional levels, however problems exist with public defense services being inadequate in some areas. A public defender can be assigned on request of the defendant or if the court so chooses. In addition to the public defender system, the Ethiopian judicial system also provides for private attorneys to offer pro bono representation to indigent defendants. Article 49 of the Federal Court Advocates’ Code of Conduct mandates that private attorneys must offer
11284-482: The federal or state constitution, and under basic principles of federalism , a state court can grant more rights under its state constitution than the Supreme Court has recognized under the federal constitution. Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict of interest . If an actual conflict of interest is present, and that conflict results in any adverse effect on
11408-399: The four independent municipalities within its borders: Atlantic Beach , Baldwin , Jacksonville Beach , and Neptune Beach . The term county equivalents is used by the United States Census Bureau to describe divisions that are comparable to counties but called by different names: Consolidated city-counties are not designated county equivalents for administrative purposes; since both
11532-461: The general law of the state or by a charter specific to that county. States may allow only general-law counties, only charter counties, or both. Generally, general-law local governments have less autonomy than chartered local governments. Counties are usually governed by an elected body, variously called the county commission , board of supervisors , commissioners' court , county council , county court , or county legislature . In cases in which
11656-622: The geographically largest cities in the world, though often with population densities far below those of most urban areas. There are 40 consolidated city-counties in the U.S., including Augusta–Richmond County; the City and County of Denver, Colorado; the City and County of Honolulu, Hawaii ; Indianapolis–Marion County, Indiana ; Jacksonville–Duval County, Florida ; Louisville–Jefferson County, Kentucky ; Lexington–Fayette County, Kentucky ; Kansas City–Wyandotte County, Kansas ; Nashville–Davidson County, Tennessee ; New Orleans–Orleans Parish, Louisiana ;
11780-405: The judicial branch of the state government rather than county governments. In many states, the county controls all unincorporated lands within its boundaries. In states with a township tier, unincorporated land is controlled by the townships. Residents of unincorporated land who are dissatisfied with county-level or township-level resource allocation decisions can attempt to vote to incorporate as
11904-508: The last murder trials in November 1946, Marshall won also acquittal for Rooster Bill Pillow, and a reduction in the sentence of Papa Kennedy, allowing him to go free on bail. According to the U.S. Census Bureau , the county has a total area of 616 square miles (1,600 km), of which 2.4 square miles (6.2 km) (0.4%) are covered by water. As of the 2020 United States census , 100,974 people, 37,104 households, and 25,951 families resided in
12028-462: The law and procedures involved, and contact the suspect's family, but the suspect must pay for further assistance from the attorney. Suspects are not entitled to have a lawyer present when interrogated by police. Article 121 of the Peruvian Penal Code states that before the prosecution begins, a judge must inform a defendant of his or her right to counsel, and if the defendant does not choose
12152-560: The least extensive county equivalent is Kingman Reef , with a land area of 0.01 square miles (0.03 km ). In some states, a municipality may be in only one county and may not annex territory in adjacent counties, but in the majority of states, the state constitution or state law allows municipalities to extend across county boundaries. At least 32 states include municipalities in multiple counties . Dallas , for example, contains portions of five counties, while numerous other cities comprise portions of four counties. New York City
12276-416: The legislative power to enact laws for the county; it has the executive power to oversee the executive operations of county government; and it has quasi-judicial power with regard to certain limited matters (such as hearing appeals from the planning commission if one exists). In many states, several important officials are elected separately from the board of commissioners or supervisors and cannot be fired by
12400-674: The matter to the states. Subsequently, state constitutions conceptualized county governments as arms of the state. Louisiana instead adopted the local divisions called parishes that dated back to both the Spanish colonial and French colonial periods when the land was dominated by the Catholic Church . In the twentieth century, the role of local governments strengthened and counties began providing more services, acquiring home rule and county commissions to pass local ordinances pertaining to their unincorporated areas . In 1955, delegates to
12524-564: The migration of people from rural to urban areas for work, especially as mechanization reduced the need for agricultural laborers. In addition, these times related to the Great Migration of African Americans out of the Jim Crow South to northern and midwestern industrial cities for more opportunities. The African-American population became highly urbanized. Expansion of the railroad, auto. and steel industries provided new work opportunities in
12648-493: The name given to the African-American business district, also known as "The Bottom". Following the attack on the police, the city government requested state troopers , who were sent and soon outnumbered the black patrollers. The state troopers began ransacking black businesses and rounding up African Americans. They cut phone service to Mink Slide, but the owner of a funeral home managed to call Nashville and ask for help from
12772-514: The next most common source of county names are geographic features and locations, with some counties even being named after counties in other states, or for places in other countries, such as the United Kingdom (the latter is most common in the area of the original Thirteen Colonies in the case of the United Kingdom, or in places which had a large number of immigrants from a particular area for other countries). The most common geographic county name
12896-486: The northeastern corner of the county. The northern terminus of U.S. Route 43 and the eastern terminus of U.S. Route 412 are both located in Columbia. Other major state routes include 6 , 7 , 20 , 50 , and 99 . Secondary state routes include 166 , 243 , 245 , 246 , 247 , and 373 . The Maury County Airport is a county-owned public-use airport located 2 nautical miles (3.7 km ; 2.3 mi ) northeast of
13020-424: The official record of all real estate transactions. Other key county officials include the coroner / medical examiner , treasurer , assessor , auditor , comptroller , and district attorney . In most states, the county sheriff is the chief law enforcement officer in the county. However, except in major emergencies where clear chains of command are essential, the county sheriff normally does not directly control
13144-448: The police departments of city governments, but merely cooperates with them (e.g., under mutual aid pacts). Thus, the most common interaction between county and city law enforcement personnel is when city police officers deliver suspects to sheriff's deputies for detention or incarceration in the county jail. In most states, the state courts and local law enforcement are organized and implemented along county boundaries, but nearly all of
13268-443: The police on the nature of the crime alleged, and not to start building a defense. A suspect gains the right to retain a lawyer upon having been interrogated or subjected to movement restrictions by the authorities. In cases defined as involving state secrets, the right to counsel is more heavily restricted: a lawyer may only be appointed to assist the suspect with the investigating body's permission. Chinese law allows courts to appoint
13392-411: The population were Hispanics or Latinos of any race. Of the 26,444 households, 34.8% had children under 18 living with them, 55.9% were married couples living together, 12.9% had a female householder with no husband present, and 27.1% were not families. About 23.2% of all households were made up of individuals, and 8.8% had someone living alone who was 65 or older. The average household size was 2.58, and
13516-578: The relationship between counties and incorporated cities. The powers of counties arise from state law and vary widely. In Connecticut and Rhode Island , counties are geographic entities, but not governmental jurisdictions. At the other extreme, Maryland counties and the county equivalent City of Baltimore handle almost all services, including public education , although the state retains an active oversight authority with many of these services. Counties in Hawaii also handle almost all services since there
13640-528: The representation, the result is automatic reversal. The general rule is that conflicts can be knowingly and intelligently waived, but some conflicts are unwaivable. In Strickland v. Washington (1984), the Court held that, on collateral review, a defendant may obtain relief if the defendant demonstrates both To satisfy the prejudice prong of Strickland , a defendant who pleads guilty must show that, but for counsel's deficient performance, they would not have pleaded guilty. In Padilla v. Kentucky (2010),
13764-449: The right to appointed counsel at the government's expense. While the Supreme Court recognized this right gradually, it currently applies in all federal and state criminal proceedings where the defendant faces authorized imprisonment greater than one year (a " felony ") or where the defendant is actually imprisoned, including imposition of a suspended incarceration sentence of any length. Criminal defendants in misdemeanor cases do not have
13888-474: The right to counsel is guaranteed under Section Ten of the Canadian Charter of Rights and Freedoms upon "arrest and detention ", as well as the right to habeas corpus . Police must inform those arrested or detained of their right to speak to counsel and provide them with a reasonable opportunity to do so. However, this does not include an absolute right to have a lawyer present during interrogation unless
14012-447: The right to have an attorney present during questioning, but there are exceptions to this right. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of New South Wales and Victoria have dedicated public defender systems. Courts have the power to stay proceedings when they determine there
14136-541: The state's French and Spanish colonial periods. Before the Louisiana Purchase and granting of statehood, government was often administered in towns where major church parishes were located. Of the original 19 civil parishes of Louisiana that date from statehood in 1807, nine were named after the Roman Catholic parishes from which they were governed. The structure and powers of a county government may be defined by
14260-404: The state, while higher-income individuals are entitled to have only 55% or 25% of their legal costs covered, depending on their income. State-funded legal advice is provided through a network of public legal advice centers throughout France. Some centers offer free legal advice to anyone living in the department while others restrict their services to those with modest incomes. In Germany , it
14384-421: The substantive and procedural law adjudicated in state trial courts originates from the state legislature and state appellate courts. In other words, most criminal defendants are prosecuted for violations of state law, not local ordinances, and if they, the district attorney, or police seek reforms to the criminal justice system, they will usually have to direct their efforts towards the state legislature rather than
14508-488: The suspect. The head of the bar association then distributes appointments between its members, who do not have the right to refuse the case assignments. The attorney must ask the family of the suspect if they have appointed anyone else, and if not the investigator or judge gives them power of attorney. However, the public defender system has been heavily criticized by Russian lawyers for the way it works in practice. Investigators often appoint lawyers themselves without waiting for
14632-399: The term "county equivalent" to describe places that are comparable to counties, but called by different names. Louisiana parishes, the organized boroughs of Alaska, independent cities, and the District of Columbia are equivalent to counties for administrative purposes. Alaska's Unorganized Borough is further divided into 11 census areas that are statistically equivalent to counties. In 2024,
14756-565: The time, that the presence of defence counsel would serve no purpose in criminal proceedings, where what matters is deciding fact: the defendant should simply tell the truth to the court, without the interference of some counsel. William Hawkins in his A Treatise of the Pleas of the Crown: or a system of the principal matters, relating to that subject, digested under their proper heads Vol. II. of 1721 wrote........ [I]t requires no manner of Skill to make
14880-465: The wider right to legal protection. All criminal defendants and suspects in Russia have the right to legal assistance. A suspect has the right to a lawyer from the time they are declared a suspect in a criminal case. The Russian Code of Criminal Procedure mandates that if a detained person has no lawyer, the detective , investigator, or judge must request the local bar association to appoint an attorney for
15004-404: Was $ 48,010. Males had a median income of $ 37,675 versus $ 23,334 for females. The per capita income for the county was $ 19,365. About 8.30% of families and 10.90% of the population were below the poverty line , including 14.50% of those under 18 and 12.10% of those 65 or over. Declines in population and population growth occurred from 1900 to 1930, and from 1940 to 1970. These periods related to
15128-440: Was dissolved by the District of Columbia Organic Act . Jefferson County , for Thomas Jefferson , is next with 26. The most recent president to have a county named for him was Warren G. Harding , reflecting the slowing rate of county creation since New Mexico and Arizona became states in 1912. The most common names for counties not named after a president are Franklin (25), Clay (18), and Montgomery (18). After people,
15252-471: Was named in honor of Abram Maury Sr. (1766-1825), a member of the Tennessee state senate from Williamson County (who was the father of Major Abram Poindexter Maury of Williamson County, later a congressman; and an uncle of Commodore Matthew Fontaine Maury ). The rich soil of Maury County led to a thriving agricultural sector, starting in the 19th century. The county was part of a 41-county region that became known and legally defined as Middle Tennessee . In
15376-515: Was with his mother at a store, where she learned that a radio she had left for repair had been sold. When she complained, the white repair apprentice, Billy Fleming, struck her. Stephenson had been a welterweight on the Navy boxing team and retaliated by hitting Fleming, who broke a window. Both Stephenson and his mother were arrested, and Fleming's father convinced the sheriff to charge them with attempted murder . When whites learned that Fleming had gone to
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