Right to counsel

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Legislation, Sexually Dangerous Persons - Commitment

Section 632.492 provides a right to appointed counsel for indigent defendants in trials to determine whether someone is a sexually violent predator.

 

At the probable cause hearing that justifies initial detention prior to such trial, the individual has the right "to be represented by counsel," § 632.489(3)(1), but given that there is no mention of appointment of counsel as there is for § 632.492, the probable cause hearing right to counsel is probably only the right to be represented by retained counsel.

Appointment of Counsel: categorical Qualified: no