The Right to Counsel

The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant's right to counsel. It requires the "assistance of counsel" for the accused in all criminal prosecutions. This means a defendant has a constitutional right to an attorney's representation during a criminal proceeding.

Additionally, the U.S. Supreme Court determined in Gideon v. Wainwright (1963) that the government must appoint an attorney to a defendant who cannot afford one. The government will appoint counsel to an indigent defendant once the defendant proves they cannot afford one. "Indigent" refers to defendants who lack the financial resources to afford private legal representation.

Court-appointed attorneys are held to the same professional standards as private attorneys. But, they have limited time and resources compared to private defense attorneys. Find a dedicated criminal law attorney in your area today.

This article discusses the right to counsel in connection with a criminal trial. Learn more about:

• The constitutional right to counsel
• When this right applies
• How attorneys can help defendants

Sixth Amendment Right to Counsel

The Sixth Amendment guarantees the assistance of counsel to criminal defendants. The right to counsel is a critical component of due process and aims to ensure a fair trial.

The 14th Amendment applies the Sixth Amendment to the states. Thus, a criminal defendant is guaranteed the right to counsel in federal and state criminal proceedings.

Law enforcement tells a criminal suspect of their right to have counsel present when an officer reads them their Miranda rights. These rights come from the Supreme Court case Miranda v. Arizona (1966). The Miranda rights apprise the suspect of the following:

• They have the right to remain silent (Fifth Amendment).
• They have the right to an attorney (Sixth Amendment).
• If they cannot afford an attorney, the government will arrange the appointment of counsel.

Only criminal defendants have a constitutional right to counsel. The Supreme Court ruled in Argersinger v. Hamlin (1972) that this right applies to all felonies and misdemeanors. Parties to a civil case do not have a right to an attorney.

When the Right to Counsel Attaches

It is critical to understand when the Sixth Amendment protections attach to a criminal suspect. In Brewer v. Williams (1977), the Supreme Court held that the right to counsel attaches when judicial proceedings begin. Judicial proceedings typically start when the government imposes criminal charges on a suspect. The government often charges a defendant at an arraignment or preliminary hearing.

The right to counsel applies to all “critical stages" of a criminal case once the government charges the defendant. This means the defendant has a right to counsel from the moment the government charges them. Following United States v. Wade (1967), the right extends through the criminal trial and during an appeal. As the Supreme Court noted in Moran v. Burbine (1986), the right attaches when the “government's role shifts from investigation to accusation."

Waiving the Right to Counsel

Not all defendants want the help of an attorney. Some want to enter a guilty plea right from the start. Others choose not to have counsel present even during their initial interrogation or preliminary hearings. This is the defendant's right.

If a defendant believes they will get a fair trial without the advocacy of an experienced criminal law attorney, that is their choice. It will be difficult for them to argue this point after the fact. If the defendant waives their Miranda rights, they must document the waiver and present it to the court.

The courts in Brewer v. Williams held that judges must give the defendant every benefit of the doubt. The state must prove that the defendant intentionally relinquished or abandoned their Sixth Amendment rights. The waiver of the right to counsel must be voluntary and clear.

The court must ensure that defendants get due process in criminal trials. As long as this is the case, whether the defendant chooses to be represented by counsel doesn't matter.

How Does an Attorney Assist a Defendant in a Criminal Case?

The defense attorney's role is of paramount importance in a criminal case. An attorney's specific duties vary depending on the nature of the charges and the case. Generally, the critical responsibilities of any criminal defense lawyer include:

• Zealous advocacy for their client
• Advising the defendant of their rights
• Explaining what to expect at different stages of the criminal process
• Ensuring the defendant's constitutional rights are not violated
• Negotiating a plea bargain with the government on the defendant's behalf

A criminal defense attorney also investigates their client's case. This includes investigating facts and evidence. This allows the attorney to present legal defenses.

Effective Assistance of Counsel

Courts use a two-part test to determine whether an attorney effectively assisted their client. This test comes from the 1984 Supreme Court decision in Strickland v. Washington. An attorney's questionable strategic choices do not usually cause a court to throw out a conviction. But, if it's clear that the attorney's incompetence affected the case's outcome, the court may overturn a conviction.

This is especially troublesome for those represented by public defenders. Public defenders are often competent, experienced, and dedicated. But, they typically have massive caseloads and limited resources. Thus, properly preparing for a case may be difficult at times.

This may incentivize public defenders to push for plea bargains instead of taking each case to trial. Still, appointed lawyers are held to the same professional standards as high-priced attorneys.

Learn More About Your Right to Counsel From an Attorney

Your right to counsel starts once custodial interrogation begins. Custody, however, has different definitions depending on the circumstances. If law enforcement has charged you with a crime, contact an experienced criminal defense attorney to discuss your case and legal options.