Question

In which of the following situation is a person not entitled to have an attorney provided by the government for free?(1 point)
Responses

a minor crime where there is overwhelming evidence against the defendant
a minor crime where there is overwhelming evidence against the defendant

a major crime where there is a possibility of jail or prison
a major crime where there is a possibility of jail or prison

a minor crime where there is no possibility of jail or prison
a minor crime where there is no possibility of jail or prison

a major crime committed by a person with prior criminal convictions
a major crime committed by a person with prior criminal convictions

Answer 1

a minor crime where there is no possibility of jail or prison

Under the Sixth Amendment (Gideon/Argersinger), the government must provide a free attorney to indigent defendants only when the offense can result in actual incarceration. If no jail or prison time is possible (a petty offense), there's no constitutional right to appointed counsel.