The Fifth Amendment right to counsel protects you during custodial interrogation and must be clearly invoked, while the Sixth Amendment right to counsel automatically applies once formal charges are filed and covers all critical stages of prosecution. Understanding the difference is essential to fully protecting your legal rights from the moment of arrest through trial.
The sentencing phase of a federal criminal proceeding is among the most important part of a case. Besides the prison imposed, it is very important to prepare for and challenge certain "special conditions" of sentencing, which may affect a client's life long after prison. Challenging special conditions includes ensuring the court makes individualized findings and justifies its reasons for imposing special conditions. If a court fails to do so, there is longstanding case law that may entitle a defendant to a successful appeal.
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