Argersinger v. Hamlin, 407 U.S. 25 (1972) is a United States Supreme Court decision holding that the accused in any criminal prosecution involving the potential deprivation of liberty is entitled to counsel. Gideon v. Wainwright

Gideon v. Wainwright

Gideon v. Wainwright, , is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own...

made the right to counsel provided in the Sixth Amendment

Sixth Amendment to the United States Constitution

The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...

 applicable to the states through the Fourteenth Amendment

Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

.

Background

Jon Richard Argersinger was sentenced under Florida law to 90 days in jail for carrying a concealed weapon, but was never represented by counsel. Hamlin was the local sheriff. Argersinger claimed his conviction was unconstitutional, but his case was dismissed by the Florida Supreme Court, who relied on Duncan v. Louisiana

Duncan v. Louisiana

Duncan v. Louisiana, 391 U.S. 145 , was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.-Background of the case:...

, which held that jury trials were not required for crimes with a sentence of less than six months. The Florida court claimed that since jury trials were not required for misdemeanors, then neither was counsel. The U.S. Supreme Court disagreed, and overturned the conviction.