Argersinger v. Hamlin and Gideon v. Wainwright

Jon Argersinger, who could not afford a lawyer, was charged in Florida with carrying a concealed weapon. The offense was a misdemeanor punishable by up to six months in jail, a $1,000 fine, or both. He was tried before a judge without a lawyer, convicted, and sentenced to 90 days in jail.

Argersinger argued that, because he had no lawyer, he could not properly present the defenses he might have had. The Florida Supreme Court rejected his claim. It ruled that the right to a court-appointed lawyer applied only to people charged with serious offenses punishable by more than six months in prison.

The U.S. Supreme Court unanimously reversed. The Court held that, unless a defendant knowingly gives up the right, no person may be imprisoned for any offense, whether it is called petty, a misdemeanor, or a felony, unless he was represented by a lawyer at trial. The majority pointed to the huge number of misdemeanor cases and to evidence that defendants without lawyers were much less likely to have their charges dismissed. Even a short jail sentence, it said, can have serious consequences for a person's job and reputation.