{"id":352376,"date":"2023-10-12T09:27:20","date_gmt":"2023-10-12T14:27:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/right-to-counsel.html"},"modified":"2023-10-12T09:27:20","modified_gmt":"2023-10-12T14:27:20","slug":"right-to-counsel","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/right-to-counsel.html","title":{"rendered":"Understanding Your Right to Counsel in Criminal Proceedings"},"content":{"rendered":"\n
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Understanding Your Right to Counsel in Criminal Proceedings<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Every individual accused of a crime has the right to legal representation. Understanding how and when to invoke this right is crucial for safeguarding a defendant’s legal interests, as properly exercising this right can significantly influence the outcome of a case.<\/p>\n\n <\/div>\n\n

This means defendants have a right to an attorney in most criminal proceedings. But, there are limits to the right to counsel within the criminal justice system<\/a>.<\/p>\n

Not every defendant is entitled to a court-appointed attorney. If you’re facing a criminal charge, invoke your right to counsel immediately to ensure you have dedicated legal help by your side. Contact a criminal defense attorney<\/a> in your area today. <\/p>\n

This article discusses how and when to invoke the right to counsel during a criminal case. You’ll learn more about the legal protections and limitations this right affords.<\/p>\n

Invoking the Right to Counsel<\/h2>\n

While suspects have the right to the help of counsel, they must invoke this constitutional right. Defendants don’t automatically get an attorney. They must invoke their right to appointment of counsel unequivocally and in a timely manner.<\/p>\n

In a seminal Supreme Court case, Miranda v. Arizona<\/i><\/a>, the court ruled that police must tell all criminal suspects that they have a right to remain silent, that anything they say can be used against them in a court of law, and that they have the right to counsel.<\/p>\n

Under Miranda<\/i>, the police must tell the suspect they have the right to an attorney<\/a>. But, law enforcement officers don’t have to ask if they want a lawyer or other clarifying questions.<\/p>\n

When To Invoke the Right to Counsel<\/h2>\n

Generally, people are entitled to counsel at all critical stages of criminal prosecutions. A defendant can invoke this right from arraignment until the end of a trial.<\/p>\n

When the police conduct a custodial interrogation, the suspect is also entitled to counsel. If police gather any evidence<\/a> in violation of this right, the judge will exclude it.<\/p>\n

But if a suspect makes an unsolicited statement during an interrogation<\/a> \u2014 after invoking their right to counsel \u2014 the prosecutor can introduce these statements only to discredit the defendant’s testimony. Even though a statement may be excluded from the prosecution’s case, the prosecutor may use it in other circumstances. If the defendant takes the stand and says something different than a statement they made during interrogation, the prosecutor may use it.<\/p>\n

Court-Appointed Attorneys<\/h2>\n

Although jurisdictions vary, the Supreme Court, in Gideon v. Wainwright<\/i><\/a>, indicated that \u2014 at a minimum \u2014 police interrogating an indigent person charged with a crime that may result in imprisonment must explain their right to counsel.<\/p>\n

As spelled out in Argersinger v. Hamlin<\/i><\/a>, this appointment of counsel is only available if the state charges a defendant with a crime that carries a potential jail or prison sentence. Not all indigent defendants have the right to an attorney. This is especially true in many misdemeanor criminal cases. If incarceration is possible, police must tell the defendant about their right to counsel.<\/p>\n

There are exceptions to this rule. Those who fall under a "legal disability" are often appointed an attorney (or guardian ad litem<\/a>) to protect their interests even though they may be appearing before the court in a civil matter.  These defendants may be:<\/p>\n