Mark lives has instituted new ordinance

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Mark has been homeless now for about ten years, and the last few months have been rough. The city where Mark lives has instituted a new ordinance that makes it illegal to pan handle-i.e. beg for money-downtown where all the tourists are, and this crime is punishable up to one year in jail, a $500 dollar fine, or both. However, pan handling downtown was the only way that Mark was able to scrounge up enough money to buy food. After two days and nothing to eat, Mark decides to risk his luck and head down town. Sure enough, after an hour downtown, Mark is arrested and taken into custody. Mark is not read his rights, but the police have no plans to interrogate him. He smells too bad to be in a confined space with. Upon seeing the judge during his initial appearance, Mark requests to be given a lawyer. The judge refuses, as he has decided that Mark will not serve any jail time. Mark is prosecuted without ever speaking with an attorney, and he is found guilty and given a $100 dollar fine. Mark is unable to pay his fine, and the city police arrest him again under a separate ordinance that allows them to arrest anyone who fails to pay a city fine. Mark goes back to the same judge, who this time grants Mark's request for an attorney. However, despite legal representation, Mark is still found guilty for being unable to pay his fine and is sentenced to two months in jail. Mark appeals his second conviction arguing that the judge's first decision to deny him counsel violated his Sixth Amendment right to counsel, and that his second conviction would not have occurred but for this denial.

Reference no: EM133813463

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