Shelton was accused of third-degree assault, which, in Alabama, is a misdemeanor and carries a maximum sentence of one year in prison and a $2,000 fine.

The court repeatedly warned Shelton of the dangers of representing himself during the trial, yet failed to offer him counsel.

A suspended sentence that may end up in the actual deprivation of a person's liberty may not be imposed unless the defendant was accorded the guiding hand of counsel in the prosecution for the crime charged.

It is not true that only those criminal proceedings result-ing in immediate actual imprisonment trigger an indigent defendant's right to state-appointed counsel under the Federal Constitution's Sixth Amendment, for (1) no person may be imprisoned for any offense unless the person was represented by counsel at trial; and (2) the Sixth Amendment inquiry trains on the stage of the proceed-ings where the defendant's guilt is adjudicated, eligibility for imprisonment established, and prison sentence determined.

...does the Sixth Amendment permit activation of a suspended sentence upon the defendant's violation of the terms of probation?