alabama shelton argued february decided may shelton represented alabama circuit criminal trial repeatedly warned shelton problems entailed time offered assistance counsel state expense convicted misdemeanor assault sentenced jail term trial immediately suspended placing shelton two years unsupervised probation alabama reversed shelton suspended jail sentence reasoning decisions argersinger hamlin scott illinois require provision counsel petty offense misdemeanor felony prosecution argersinger actually leads imprisonment even brief period state concluded inter alia defendant may imprisoned absent provision counsel shelton suspended sentence never activated therefore invalid held suspended sentence may end actual deprivation person liberty may imposed unless defendant accorded guiding hand counsel prosecution crime charged argersinger pp controlling rule absent knowing intelligent waiver person may imprisoned offense unless represented counsel trial argersinger pp applying actual imprisonment rule rejects argument invited amicus curiae failure appoint counsel indigent defendant bar imposition suspended probationary sentence upon conviction misdemeanor even though defendant might incarcerated event probation revoked pp sixth amendment permit activation suspended sentence upon indigent defendant violation terms probation state provide counsel prosecution offense imprisoned suspended sentence prison term imposed offense conviction prison term triggered defendant incarcerated probation violation underlying offense uncounseled conviction point result imprisonment nichols end actual deprivation person liberty argersinger precisely sixth amendment interpreted argersinger scott allow rejects first two grounds amicus resists reasoning amicus attempt align case nichols gagnon scarpelli decisions stand broad proposition sequential proceedings must analyzed separately sixth amendment purposes right counsel triggered proceedings result immediate actual imprisonment dispositive factor gagnon nichols whether incarceration occurred immediately delay rather critical point defendant recognized right counsel adjudicated guilty felony imprisoned see nichols even acquitted misdemeanor aid appointed counsel watts relaxed standard application question whether defendant may jailed absent conviction credited reliable defendant access counsel pp also unpersuasive amicus contention practical considerations weigh extension sixth amendment right defendant shelton situation based figures suggesting conditional sentences commonly imposed rarely activated amicus argues appropriate rule permit imposition suspended sentence uncounseled defendant require appointment counsel probation revocation stage incarceration imminent regime unduly reduce sixth amendment domain alabama probation revocation hearing informal proceeding defendant right counsel obligation observe customary rules evidence significant defendant may challenge validity reliability underlying conviction hearing timed structured compensate absence trial counsel thereby bring shelton sentence within constitutional bounds agree amicus holding substantially limit ability impose probation jurisdictions already provide right appointed counsel generous afforded federal constitution simultaneously preserving option probationary punishment see even amicus correct afford costs rule jurisdictions recourse option pretrial probation whereby prosecutor defendant agree defendant participation pretrial rehabilitation program includes conditions typical probation adjudication guilt imposition sentence underlying offense occur defendant breaches conditions system reserves requirement cases incarceration proves necessary see gagnon respecting constitutional imperative person imprisoned unless represented counsel argersinger pp rule alabama argument although sixth amendment bars activation suspended sentence uncounseled conviction constitution prohibit method effectuating probationary punishment imposition suspended sentence never enforced much hint alabama decision shelton probation term separable prison term tethered absent prior presentation novel position state takes resists passing first instance state consider whether suspended sentence alone invalid leaving shelton probation term freestanding independently effective see hortonville joint school dist hortonville ed pp affirmed ginsburg delivered opinion stevens souter breyer joined scalia filed dissenting opinion rehnquist kennedy thomas joined alabama petitioner lereed shelton writ certiorari alabama may justice ginsburg delivered opinion case concerns sixth amendment right indigent defendant charged misdemeanor punishable imprisonment fine assistance counsel two prior decisions control judgment first argersinger hamlin held defense counsel must appointed criminal prosecution whether classified petty misdemeanor felony actually leads imprisonment even brief period later scott illinois drew line actual imprisonment holding counsel need appointed defendant fined charged crime sentenced term imprisonment lereed shelton convicted assault sentenced jail term days trial immediately suspended placing shelton probation two years question presented whether sixth amendment right appointed counsel delineated argersinger scott applies defendant shelton situation hold suspended sentence may end actual deprivation person liberty may imposed unless defendant accorded guiding hand counsel prosecution crime charged argersinger internal quotation marks omitted representing bench trial district etowah county alabama shelton convicted assault class misdemeanor carrying maximum punishment one year imprisonment fine code invoked right new trial jury circuit code appeared without lawyer convicted repeatedly warned shelton problems entailed see app time offered assistance counsel state expense circuit sentenced shelton serve days county prison authorized alabama law however code suspended sentence placed shelton two years unsupervised probation conditioned payment costs fine reparations restitution amount shelton appealed conviction sentence sixth amendment grounds alabama criminal appeals initially held indigent defendant receives suspended prison sentence constitutional right counsel remanded determination whether shelton made knowing intelligent voluntary waiver right app case returned remand however appeals reversed course suspended sentence concluded trigger sixth amendment right appointed counsel unless evidence record defendant actually deprived liberty shelton remained probation held denied sixth amendment right trial alabama reversed criminal appeals relevant part referring decisions argersinger scott alabama reasoned defendant may sentenced term imprisonment absent provision counsel app alabama high view suspended sentence constitutes term imprisonment within meaning argersinger scott even though incarceration immediate inevitable state constitutionally barred activating conditional sentence alabama concluded threat hollow considered nullity ibid quoting reilley accordingly affirmed shelton conviction monetary portion punishment invalidated aspect sentence imposing days suspended jail time app reversing shelton suspended sentence state informs us also vacated term probation see brief petitioner courts divided sixth amendment question presented case agreed decision appointment counsel constitutional prerequisite imposition conditional suspended prison sentence see reilley foster white others rejected proposition see cottle wainwright vacated grounds griswold commonwealth state hansen mont granted certiorari resolve conflict ii three positions us case line decision alabama shelton argues indigent defendant may receive suspended sentence unless offered waives assistance counsel brief respondent alabama concedes sixth amendment bars activation suspended sentence uncounseled conviction maintains constitution prohibit imposition sentence method effectuating probationary punishment reply brief assure full airing question presented invited amicus curiae amicus argue support third position one alabama abandoned failure appoint counsel indigent defendant bar imposition suspended probationary sentence upon conviction misdemeanor even though defendant might incarcerated event probation revoked gideon wainwright held sixth amendment guarantee right counsel firmly established proceedings johnson zerbst applies state criminal prosecutions fourteenth amendment clarified scope right argersinger holding indigent defendant must offered counsel misdemeanor case actually leads imprisonment seven terms later scott confirmed argersinger delimit ation although governing statute scott authorized jail sentence one year see held defendant right counsel sole sentence actually imposed fine even matter res nova stated central premise argersinger actual imprisonment penalty different kind fines mere threat imprisonment eminently sound warrants adoption actual imprisonment line defining constitutional right appointment counsel nonfelony cases ibid subsequent decisions reiterated actual imprisonment standard see glover amount actual jail time sixth amendment significance nichols constitutional line criminal proceedings resulted imprisonment souter concurring judgment scott relying argersinger drew bright line imprisonment lesser criminal penalties lassiter department social servs durham thus controlling rule absent knowing intelligent waiver person may imprisoned offense unless represented counsel trial argersinger applying actual imprisonment rule case us take first question asked amicus address state provides counsel indigent defendant sixth amendment permit activation suspended sentence upon defendant violation terms probation conclude suspended sentence prison term imposed offense conviction prison term triggered defendant incarcerated probation violation underlying offense uncounseled conviction point result imprisonment nichols end actual deprivation person liberty argersinger precisely sixth amendment interpreted argersinger scott allow amicus resists reasoning primarily two grounds first attempts align case decisions nichols gagnon scarpelli see brief amicus curiae invitation hereinafter fried brief conclude shelton case properly bracketed dispositions nichols presented question whether sixth amendment barred consideration defendant prior uncounseled misdemeanor conviction determining sentence subsequent felony offense nichols pleaded guilty federal felony drug charges several years earlier unrepresented counsel fined incarcerated state misdemeanor driving influence dui including dui conviction federal sentencing guidelines calculation allowed trial impose sentence felony drug conviction months longer misdemeanor conviction considered upheld result concluding uncounseled misdemeanor conviction valid scott prison term imposed also valid used enhance punishment subsequent conviction gagnon question whether defendant placed probation pursuant suspended sentence armed robbery due process right representation appointed counsel probation revocation hearing held counsel invariably required parole probation revocation proceedings directed instead approach turning character issues involved considered together amicus contends nichols gagnon establish principle sequential proceedings must analyzed separately sixth amendment purposes fried brief proceedings result ing immediate actual imprisonment trigger right counsel emphasis added thus defendant nichols right appointed counsel dui proceeding immediately imprisoned conclusion proceeding uncounseled dui valid imposed later become invalid used enhance length imprisonment followed separate subsequent felony proceeding amicus contends shelton right appointed counsel circuit incarcerated immediately trial conviction suspended sentence thus valid serve proper predicates actual imprisonment later hearing revoke probation see fried brief gagnon nichols stand broad proposition amicus extract dispositive factor cases whether incarceration occurred immediately delay rather critical point defendant recognized right counsel adjudicated guilty felony offense imprisoned see nichols absent waiver right appointed counsel felony cases absolute unlike case revocation probation trigger prison term imposed misdemeanor shelton found guilty without aid counsel sentences imposed nichols gagnon felony convictions federal drug conviction nichols state armed robbery conviction gagnon right counsel unquestioned see nichols relevant sentencing provisions punished last offense committed defendant constitute change penalty imposed earlier uncounseled misdemeanor gagnon distinguishing right accused counsel criminal prosecution limited due process right one probationer parolee convicted crime thus neither nichols gagnon altered diminished argersinger command person may imprisoned offense unless represented counsel trial emphasis added far supporting amicus position gagnon nichols simply highlight sixth amendment inquiry trains stage proceedings corresponding shelton cuit trial guilt adjudicated eligibity imprisonment established prison sentence determined nichols distinguishable related reason applied less exacting standard consistent traditional understanding sentencing process even acquitted misdemeanor aid appointed counsel watts per curiam relaxed standard application case question whether defendant may jailed absent conviction credited reliable defendant access guiding hand counsel argersinger internal quotation marks omitted amicus also contends practical considerations clearly weigh extension sixth amendment right defendant shelton situation fried brief cites figures suggesting although conditional sentences commonly imposed rarely activated tr oral arg speculating hundreds thousands uncounseled defendants receive suspended sentences thousands large number incarcerated upon violating terms probation based estimations amicus argues rule requiring appointed counsel every case involving suspended sentence unduly hamper attempts impose effective probationary punishment workable solution contends permit imposition suspended sentence uncounseled defendant require appointment counsel probation revocation stage incarceration imminent fried brief amicus observes probation critical tool law enforcement low level cases even follow preservation tool warrants reduction sixth amendment domain result regime amicus hypothesizes amicus describe contours hearing suggests might precede revocation term probation imposed uncounseled defendant see raising endeavoring answer several potential questions nature revocation hearing amicus contemplates alabama however character probation revocation hearing currently afforded doubt proceeding informal one buckelew state app crim app defendant right counsel obligation observe customary rules evidence martin state app crim app significant sole issue hearing apart determinations necessity confinement see code whether defendant breached terms probation see martin ala required hearing character evidence reasonably satisfy judge exercise sound discretion defendant violated valid condition upon sentence suspended internal quotation marks omitted validity reliability underlying conviction beyond attack see buckelew ala probation hearing entertain collateral attack judgment another circuit think plain hearing timed structured compensate absence trial counsel even address key sixth amendment inquiry whether adjudication guilt corresponding prison sentence sufficiently reliable permit incarceration deprived counsel tried convicted sentenced unable challenge original judgment subsequent probation revocation hearing defendant shelton circumstances faces incarceration conviction never subjected crucible meaningful adversarial testing cronic sixth amendment countenance result variation amicus position dissent limit review case question whether imposition shelton suspended sentence required appointment counsel answering question plainly step deprive defendant personal liberty post sentence later activated dissent contends need ask whether procedural safeguards attending imposition shelton sentence comply constitution severing analysis manner makes little sense one assess constitutionality imposing suspended sentence simultaneously walling procedures precede activation dissent imagines set safeguards alabama might provide probation revocation stage sufficient cure failure appoint counsel prior sentencing including perhaps complete retrial misdemeanor violation assistance counsel cause speculation alabama procedures established alabama statute decisional law see supra bear resemblance dissent invents effort sanction prospect shelton imprisonment uncounseled assessing issue us light actual circumstances comprehend procedures alabama fact provides probation revocation hearing bring shelton sentence within constitutional agree amicus dissent holding substantially limit ability impose probation fried brief encumber large new burden post jurisdictions already provide right appointed counsel generous afforded federal constitution see nichols example provide counsel defendant shelton circumstances either received substantial state law authorized incarceration charged provided maximum prison term one see code thus scant reason believe rule conditioning imposition suspended sentence provision appointed counsel affect existing practice large majority given current commitment jurisdictions affording counsel indigent misdemeanants simultaneously preserving option probationary punishment share amicus concern may lack capacity resources moreover even amicus correct courts jurisdictions least bear costs rule confirm today fried brief need abandon probation equivalent measures viable forms punishment although may attach probation imposed suspended prison sentence unable unwilling routinely provide appointed counsel misdemeanants shelton situation without recourse another option capable yielding similar result option pretrial probation employed form least see app reply brief national association criminal defense lawyers amicus curiae collecting state statutes arrangement prosecutor defendant agree defendant participation pretrial rehabilitation includes conditions typical probation adjudication guilt imposition sentence underlying offense occur defendant breaches conditions ibid see stat rules crim proc conditions pretrial rehabilitation program may may imposed respect probation conviction crime crim proc law mckinney supp pretrial adjournment contemplation dismissal may require defendant observe certain specified conditions conduct like regime urged amicus system reserves requirement small percentage cases incarceration proves necessary fried brief thus allowing state supervise course rehabilitation without providing lawyer every time wishes pursue course gagnon unlike amicus position however pretrial probation also respects constitutional imperative person may imprisoned offense unless represented counsel trial argersinger alabama concedes activation suspended sentence results imprisonment uncounseled defendant term relates original offense therefore crosses line actual established argersinger scott reply brief amicus curiae professor charles fried shelton imprisoned alabama thus acknowledges unless state afforded right assistance appointed counsel defense scott see reply brief alabama maintains however constitutional barrier imposition suspended sentence never enforced state therefore urges reversal alabama judgment insofar vacated term probation shelton ordered serve effect alabama invites us regard two years probation shelton separate independent sentence state power enforce judgment mere fine tr oral arg scott alabama emphasizes squarely held sentence trigger right counsel ibid similarly alabama maintains probation uncoupled prison sentence trigger immediate right appointed counsel seen freestanding sentence alabama asserts probation enforced criminal fine restitution order contempt proceeding see reply brief reply brief amicus curiae professor charles fried tr oral arg alabama describes contempt proceeding envisions one shelton receive full panoply due process including assistance counsel reply brief sanction imposed wrongdoing offense conviction reply brief amicus curiae professor charles fried maximum penalty faced fine five days imprisonment reply brief citing code days ordered suspended alabama circuit see supra much hint however decision alabama shelton probation term separable prison term tethered absent prior presentation position state resist passing first instance resistance acting first view instead one review heightened alabama attorney general acknowledgment oral argument know state imposes postconviction par fine term probation unattached suspended sentence tr oral arg novelty state current position marked unqualified statement alabama opening brief reversing shelton suspended sentence alabama ingly vacated probationary term brief petitioner short alabama developed position late litigation wrong forum alabama consider whether suspended sentence alone invalid leaving shelton probation term freestanding independently effective see hortonville joint school dist hortonville ed course bound accept interpretation state law highest confine review ruling alabama made case presented defendant receives suspended probated sentence imprisonment constitutional right counsel app emphasis added see brief petitioner find infirmity holding satisfied shelton entitled appointed counsel critical stage guilt innocence charged crime decided vulnerability imprisonment determined affirm judgment alabama ordered alabama petitioner lereed shelton writ certiorari alabama may justice scalia chief justice justice kennedy justice thomas join dissenting argersinger hamlin held absent knowing intelligent waiver person may imprisoned offense unless represented counsel trial emphasis added although said run misdemeanors affected rule end actual deprivation person liberty accused receive benefit appointed counsel emphasis added affirmed rule scott illinois drawing bright line imprisonment mere threat imprisonment central premise argersinger actual imprisonment penalty different kind fines mere threat imprisonment eminently sound warrants adoption actual imprisonment line defining constitutional right appointment counsel emphasis added repeatedly emphasized actual imprisonment touchstone entitlement appointed counsel see glover amount actual jail time sixth amendment significance emphasis added right appointed counsel extend nonfelony trials term imprisonment actually imposed emphasis added lassiter department social servs durham refused extend right appointed counsel include prosecutions though criminal result defendant loss personal liberty emphasis added today decision ignores long consistent jurisprudence extending misdemeanor right counsel cases bearing mere threat imprisonment respondent suspended sentence accompanying term probation invalidated lack appointed counsel even though respondent suffered may never suffer deprivation liberty holds suspended sentence violates respondent sixth amendment right counsel may end actual deprivation respondent liberty ante emphasis added someday violates terms probation determines violation merits revocation probation code determines punishment adequately protect community criminal activity avoid depreciating seriousness violation contingencies must yet added decision makes sense element rank speculation contingencies occur speculates alabama mechanically apply decisional law applicable routine probation revocation establishes procedures finds inadequate rather adopt special procedures situations raise constitutional questions light argersinger scott ante miraculously divined alabama justices resolve constitutional question one us business offering advisory opinion answer asked decide whether imposition suspended conditional sentence misdemeanor case invoke defendant sixth amendment right counsel pet cert since imposition suspended sentence deprive defendant personal liberty answer question plainly future state alabama seeks imprison respondent previously suspended sentence ask whether procedural safeguards attending imposition sentence comply constitution question us given longstanding refusal issue advisory opinions hayburn case dall particularly respect constitutional questions seek avoid even opinions ashwander tva brandeis concurring amazed conclusion makes little sense limit today decision question presented constitutionality imposing suspended sentence uncounseled misdemeanants avoid question presented constitutionality procedures precede activation ante although one point purports limit decision suspended sentences imposed uncounseled misdemeanants like alabama offer minimal procedures probation revocation hearings see ante text today opinion repudiates limitation answering question asked amicus address whether sixth amendment permit activation suspended sentence upon defendant violation terms probation without qualification ante thus says doubt procedures attending reimposition suspended sentence satisfy sixth amendment ante must using doubt euphemism certitude basis moreover doubt surely procedures attending reimposition suspended sentence adequate required upon defendant request complete retrial misdemeanor violation assistance counsel right deprive state option may well sensible option since defendants induced comply terms probation mere threat retrial send jail since expense rare counseled retrials may much less expense providing counsel initially misdemeanor cases bear possible sentence imprisonment may well cases even procedures short complete retrial prior opinions placed considerable weight practical consequences expanding right appointed counsel beyond cases actual imprisonment see scott extension argersinger impose unpredictable necessarily substantial costs quite diverse see also argersinger powell concurring result today gives consideration back hand observation already appoint counsel defendants like respondent ante interesting quite irrelevant since today holding confined defendants like respondent appointed counsel must henceforth offered defendant awarded suspended sentence matter short announced rule thus decision imposes large new burden majority including poorest alabama arkansas mississippi see census bureau statistical abstract burden consists cost providing counsel cases insignificance even financially prosperous defendants sometimes forgo expense hired counsel also cost enabling courts prosecutors respond minor cases see argersinger supra powell concurring result discount burden placed minority currently provide counsel keep current disposition forever place however imprudent experience proves today imposition upon finds justification neither text constitution settled practices people prior jurisprudence respectfully dissent footnotes shelton also appealed number grounds criminal appeals rejected one challenges concluding procedurally defaulted trial see app one challenge remanded proceedings affirmed trial ruled shelton remand justice maddox dissented stating shelton constitutionally entitled counsel received suspended sentence incarcerated app judge maddox also construed trial record establishing shelton waiver right appointed counsel might enjoyed ibid shelton also urges overrule argersinger hamlin scott illinois extent cases guarantee right counsel cases imprisonment authorized penalty brief respondent entertain contention shelton first raised brief merits normally expect notice intent make argument respondent opposition petition certiorari cf rule thereby assuring adequate preparation time likely affected wishing participate south central bell telephone alabama charles fried member bar accepted invitation well fulfilled assigned responsibility event dissent simply incorrect decision today effectively deprive state th option placing uncounseled defendant probation incarceration conditioned guilty verdict following trial de novo post option functional equivalent pretrial probation entertain constitutional doubt see infra regarding dissent suggestion means retesting assistance counsel validity original conviction might suffice post doubt providing counsel critical guilt adjudication stage much help defendant die usually cast judgment entered uncounseled trial record argersinger burger concurring result large number misdemeanor convictions take place police justice courts courts record without drastic change procedures courts way defendant demonstrate error original proceeding reconstruct evidence lost intervening period nichols need decide whether procedural safeguards short complete retrial probation revocation stage satisfy sixth amendment post minimal procedures alabama provide plainly insufficient charging miraculously divined alabama justices resolve constitutional question post dissent forgets case writ certiorari alabama ruled decision review shelton sentence violates sixth amendment alabama thus already spoken issue address expressed slightest hint stage procedures real imaginary affect constitutional calculus see stat ann state hermanns super stat stat tit see alexander anchorage alaska interpreting alaska art provide counsel punishment may involve incarceration tracy municipal glendale judicial cal cal penal code ann west affords counsel misdemeanor defendants del code tit code ann haw rev stat comp ch brunson state ind app right counsel misdemeanor proceedings guaranteed ind art rev stat ann la art mass rule crim proc rule crim proc neb rev stat crim proc law okla tit supp rev stat ann supp sup rule tex crim proc code ann supp code ann super crim rule code stat wyo stat ann see idaho code iowa rule crim proc wright denato iowa md ann code art supp rev stat rev stat ann iv supp stat ann ohio rules crim proc rule crim proc cons stat codified laws see also stat supp imposition suspended sentence incarceration period probation necessitates appointment counsel ten majority provide counsel every defendant receives suspended sentence hardly supports dissent dire predictions practical consequences today decision see post circumstances currently allow prosecution misdemeanors without appointed counsel quite narrow pennsylvania example defendants charged misdemeanors enjoy right counsel regardless sentence imposed rule crim proc charged summary offenses violations technically considered crimes punishable days imprisonment cons stat may receive suspended sentence uncounseled rule crim proc commonwealth thomas typical summary offenses pennsylvania include failure return library book within days cons stat fishing sunday cons stat gaps misdemeanor defendant right appointed counsel extend protection beyond sixth amendment similarly slight see codified laws defendant charged misdemeanor enjoys absolute right appointed counsel unless offense punishable days imprisonment tex crim proc code ann supp counsel must appointed misdemeanor defendants except tried judge knows sentence include imprisonment typical situation results suspended sentence think case like shelton prosecution jury assault arising fistfight followed minor traffic accident see app far quite irrelevant post already provide attorney situation strongly suggests added requirement providing counsel routinely suspended sentence cases prove unduly onerous device conditioned defendant consent raise question whether imposition probation alone restrains defendant liberty require provision appointed counsel see brief national association criminal defense lawyers amicus curiae cf brief respondent thus one significant difference pretrial probation sensible option urged dissent complete retrial misdemeanor violation assistance counsel upon defendant violation probation terms post pretrial probation substantially less expensive permits incarceration single trial whereas dissent regime requires two one without counsel place defendant probation second counsel trigger imprisonment reply brief state convey comprehends argersinger scott possibility shelton suspended sentence activated violates terms probation reply brief alabama state position coincided position argued amicus see state brief argument petition writ certiorari alabama criminal appeals state brief argument support application rehearing sup footnotes says alabama already resolved question since finding respondent sentence violated sixth amendment expressed slightest hint procedures affect constitutional calculus ante indeed precisely error answer consider question whether procedures attending probation revocation proceeding cure absence counsel trial asserts pretrial probation opinion permits functional equivalent probation later retrial suspended sentence activated even see basis forcing state employ one functional equivalent rather fact nothing implausible speculation support proposition pretrial probation yiel similar result ante certainly curious coincidence inasmuch pretrial probation quite different purpose conserving prosecutorial judicial resources forgoing trial see dept justice attorneys manual abadinsky probation parole theory practice ed pretrial probation programs use fact arrest occurred means identifying defendants need treatment least need criminal prosecution moreover pretrial probation generally available minor offenses app reply brief national association criminal defense lawyers amicus curiae available alabama also employ probation thesis functional equivalent probation true expect see pretrial probation used major minor crimes see used place addition probation quotes chief justice burger concurrence argersinger support doubt providing counsel critical guilt adjudication stage much help defendant die usually cast judgment entered uncounseled trial record argersinger hamlin ante passage addressing limited benefits ppeal conviction uncounseled trial argersinger supra emphasis added doubtless correct light uniformly restricted scope appellate review makes sense transfer chief justice concerns unknown unknowable forms probation revocation proceedings may provide various means retesting assistance counsel validity original conviction notes large number misdemeanor convictions take place police justice courts courts record making quite difficult defendant demonstrate error original proceeding ante internal quotation marks omitted entirely irrelevant whether large number misdemeanor convictions take place police justice courts matters whether record available misdemeanor convictions result suspended prison sentence presumably small fraction misdemeanor convictions reliable information point experience present case shows alabama provide record counsel comb substantive procedural inadequacy respondent tried judge state district record subsequently exercised right code trial de novo jury state circuit higher record see ex parte maye ten cited offer appointed counsel cases misdemeanor defendant might suffer suspended sentence six guarantee counsel authorized penalty least three six months imprisonment see idaho code state hardman idaho app md ann code art rev stat stat ann state woodruff ohio rules crim proc cons stat rules crim proc commonwealth thomas south dakota provide counsel maximum permissible sentence days imprisonment codified laws concluded defendant deprived liberty convicted texas statute declares appointed counsel offered defendant charged misdemeanor punishable confinement tex code crim proc art vernon supp state courts construed provision require appointment knows punishment assess includes imprisonment trial jury possible punishment includes imprisonment fortner state tex app emphasis added thus nothing texas law assures counsel misdemeanor bench trial resulting suspended sentence finally two appoint counsel imprisonment likely imposed courts yet decided whether likelihood suspended sentence qualifies answer held respect similarly phrased michigan pennsylvania statutes cited supra probably stat ann rodriguez rosenblatt stat state mccoy district columbia must also numbered among tions whose law altered today decision code ann guarantees counsel cases person faces loss liberty constitution law requires appointment counsel emphasis added today decision discarding rule argersinger brings suspended sentences within prescription asserts burden today decision jurisdictions small circumstances currently allow prosecution misdemeanors without appointed counsel quite narrow ante emphasis added narrowness range circumstances covered says nothing number cases covered misdemeanors punishable less six months imprisonment may narrow category may well include vast majority cases precisely minor nature offense suspended sentence imposed simply nothing support belief offenders prosecuted crimes counsel already provided minimizes burden pennsylvania observing summary offenses permits uncounseled suspended sentences include rarely prosecuted crimes failing return library book within days fishing sunday ante also include minor retail theft driving suspended license harassment includes minor assault see thomas supra cons stat supp cons stat uninformed intuition amicus brief filed include exceptions calls narrow affirming rule adopted today impose significant burdens brief texas ohio montana nebraska delaware louisiana virginia amici curiae