On October 16, 2023, the Washington Court of Appeals Division 1 reversed the assault conviction of Denver Bragg. The court found that Bragg’s right to counsel had been violated because he was not able to privately confer with his attorney during a critical pretrial hearing.
You can read the text of the opinion here: https://www.courts.wa.gov/opinions/pdf/850491.pdf
The right to counsel is one of the most important rights guaranteed to criminal defendants under the Sixth Amendment to the United States Constitution. This right includes the right to have an attorney appointed to represent indigent defendants and the right to consult with one’s attorney in private at all critical stages of the criminal process, including pretrial hearings.
In Bragg’s case, the critical pretrial hearing was a CrR 3.2 hearing. A CrR 3.2 hearing is held to determine whether there is probable cause to believe that a defendant committed the crime charged. At the hearing, the prosecution presented evidence to support the charge of assault against Bragg. Bragg’s attorney requested a recess so that he could privately confer with his client, but the trial court denied the request.
The trial court’s decision to deny Bragg the opportunity to privately confer with his attorney was a violation of his right to counsel. The Sixth Amendment guarantees criminal defendants the right to consult with their attorneys in private at all critical stages of the criminal process. This right is essential to ensure that defendants are able to make informed decisions about their case and to receive effective assistance of counsel.
In its decision, the Washington Supreme Court held that the CrR 3.2 hearing is a critical stage of the criminal process. The court explained that the outcome of the CrR 3.2 hearing can have a significant impact on the course of a criminal case. For example, if a defendant is found to have probable cause, they may be held in jail pending trial. Additionally, the outcome of the CrR 3.2 hearing can influence the defendant’s decision to enter into a plea agreement.
The court also held that Bragg’s right to counsel was violated because he was not able to privately confer with his attorney during the CrR 3.2 hearing. The court explained that the right to counsel includes the right to have a private conversation with one’s attorney at all critical stages of the criminal process. This right is essential to ensure that defendants are able to make informed decisions about their case and to receive effective assistance of counsel.
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We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com