122 S.Ct. 1764 (2002)
Whether the Sixth Amendment right to appointed counsel, as delineated in Argersinger and Scott, applies to a defendant in D’s situation?
Yes. A suspended sentence that may “end up in the actual deprivation of a person’s liberty” may not be imposed unless the D was accorded “the guiding hand of counsel” in the prosecution for the crime charged.
Actual imprisonment: a penalty different in kind from fines or the mere threat of imprisonment, and is the line defining the constitutional right to appointment of counsel in nonfelony cases.