{"id":352394,"date":"2023-10-20T13:27:41","date_gmt":"2023-10-20T18:27:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/the-right-to-counsel.html"},"modified":"2023-10-20T13:27:41","modified_gmt":"2023-10-20T18:27:41","slug":"the-right-to-counsel","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/the-right-to-counsel.html","title":{"rendered":"The Right to Counsel"},"content":{"rendered":"\n
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The Right to Counsel<\/h1>\n
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\n By Samuel Strom, 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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The Sixth Amendment guarantees a criminal defendant’s right to counsel. This helps ensure representation during criminal proceedings. The Supreme Court mandates that an attorney be appointed to defendants who cannot afford one. A defendant’s attorney\u2014whether privately hired or appointed by the government\u2014must provide effective representation.<\/p>\n\n <\/div>\n\n

The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant’s right to counsel. It requires the "assistance of counsel<\/a>" for the accused in all criminal prosecutions. This means a defendant has a constitutional right to an attorney’s representation during a criminal proceeding.<\/p>\r\n

Additionally, the U.S. Supreme Court determined in Gideon v. Wainwright<\/i><\/a> (1963) that the government must appoint an attorney<\/a> 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.<\/p>\r\n

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<\/a> in your area today.<\/p>\r\n

This article discusses the right to counsel in connection with a criminal trial<\/a>. Learn more about:<\/p>\r\n