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Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system.Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.
Civil legal aid is not guaranteed under federal law, but is provided by a variety of public interest law firms and community legal clinics for free or at reduced cost. [1] Other forms of civil legal aid are available through federally-funded legal services, pro bono lawyers, and private volunteers. [1] [2]
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.
The State's burden of proof is the heavy legal burden of “proof beyond a reasonable doubt.” The State also may not convict someone based upon an illegal search or seizure.
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
The right to petition includes under its umbrella the legal right to sue the government. [15] Civil litigation between two private individuals or entities is considered to be a right to a peititon, since they are asking the government's court system to remedy their problems. [15]
Without a right to counsel, tenants are represented by lawyers around 3% of the time on average, whereas landlords have legal representation in 84% of cases. [ 1 ] [ 2 ] TRTC is viewed as a form of homelessness prevention, [ 3 ] but eviction potentially implicates a number of other basic human needs, such as child custody, education, employment ...
[23] Brewer goes on to conclude that once adversary proceedings have begun against a defendant, he has a right to legal assistance when the government interrogates him [24] and that when a defendant is arrested, "arraigned on [an arrest] warrant before a judge", and "committed by the court to confinement", "[t]here can be no doubt that judicial ...