What is the test for having an attorney at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Jones, A151179 (Cal. App. 2018):

Jones relies upon the "somewhat ancient" case of People v. McGarvy (1943) 61 Cal.App.2d 557, the facts of which he claims "parallel[]" those presented here. To the contrary, the two cases could not be more different. In McGarvy, the defendant was arrested and charged with murder and manslaughter on a Sunday morning. At arraignment the next afternoon, he told the court that he would like to talk to an attorney but that he had no money; the court told him it had no authority to appoint counsel to represent him, but that it would not be necessary to have an attorney at the preliminary hearing. (Id. at p. 558.) The court did not appoint counsel, but the district attorney called

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