Masked Bandit

Multiple Choice

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding Barry's right to counsel?

A) Barry has a right to counsel,but only because felony charges are likely involved.
B) Barry has a right to counsel,but only because misdemeanor charges are likely involved.
C) Barry has a right to counsel,but only if he can establish that he has no previous criminal record.
D) Barry has a right to counsel.
E) Barry has no right to counsel.