Reference - Masked Bandit

Multiple Choice

Reference - 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 since the state police were involved, federal constitutional rights were waived. Barry is attempting 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 his rights were explained to him by the officers; 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 had a right to counsel only because felony charges were likely involved.
B) Barry had a right to counsel only because misdemeanor charges were likely involved.
C) Barry had a right to counsel only if he can establish that he had no previous criminal record.
D) Barry had a right to counsel.
E) Barry had no right to counsel.