In the case of Coleman v. Alabama, the U.S Supreme Court ruled in 1970 that defendants have a right to counsel during preliminary hearings under the Sixth Amendment. The defendant, Coleman, was charged with breaking and entering in Alabama and was not provided legal representation at his preliminary hearing where evidence against him was presented. He appealed his conviction on grounds that he had been denied effective assistance of counsel as required by Gideon v Wainwright (1963). The court agreed with Coleman's argument stating that since a preliminary hearing could potentially lead to "adverse consequences" for a defendant if they were unrepresented, it constituted a critical stage of prosecution at which point right to counsel applies.

In the dissenting opinion for Coleman v. Alabama, it was argued that the right to counsel during a preliminary hearing is not constitutionally required. The dissenters contended that such hearings are merely procedural and do not determine guilt or innocence; therefore, they should not be considered "critical stages" of prosecution where legal representation is necessary. They also pointed out potential practical difficulties in requiring counsel at this stage, including delays in proceedings and increased costs for states. Furthermore, they believed that any issues arising from lack of counsel could be addressed later in trial when defendants have full access to legal representation.