Also known as: rights to appointed counsel · appointed counsel · right to counsel
Written by attorneys · grounded in primary & secondary sources — see below
A Sixth Amendment guarantee that an indigent defendant facing potential imprisonment in a criminal prosecution receives government-appointed counsel at every stage from initial appearance through appeal unless the defendant waives the right.
Select any source to read its text and confirm it supports the definition.
Ryan Roberts appeared before a magistrate on federal fraud charges and stated he could not afford a lawyer. The court appointed counsel to represent him at the hearing and all subsequent proceedings including trial and appeal. The appointment satisfied the requirement that counsel be provided at every stage unless waived.
Roger Ramirez was in custody on robbery charges and clearly told officers he wanted a lawyer. Detectives later returned without counsel present and resumed questioning about the same offense. The statements obtained were inadmissible because counsel had not been provided after the invocation.
Ralph Richardson was indicted for burglary and then taken to a stationhouse showup where a witness viewed him in a lineup without counsel present. The identification procedure occurred after formal charging and constituted a critical stage. The resulting identification evidence was suppressed for lack of counsel.
Rebecca Ross faced charges after a witness selected her photograph from an array shown by police. No counsel attended the photo display because the procedure did not qualify as a critical stage requiring presence. The identification remained admissible subject only to due process review for suggestiveness.
Rhea Reynolds was arrested on felony charges and stated she could not afford counsel. Officers continued questioning without providing appointed counsel after she invoked the right. The statements were excluded because the indigent defendant was denied appointed counsel during custodial interrogation.
Raphael Rivera was charged with a felony and could not retain counsel. The state provided appointed counsel for trial. The conviction was reversed on appeal because the defendant had been denied counsel at the felony proceeding.
The right attaches at the initiation of formal adversary judicial proceedings such as indictment or arraignment and extends to every critical stage thereafter. It guarantees counsel for an indigent defendant facing potential imprisonment unless waived.
Supporting sources
No. Photo arrays are not considered a critical stage requiring counsel even after indictment. The procedure may still be challenged on due process grounds if it is unnecessarily suggestive.
…that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel. Escobedo v. Illinois , 378 U. S. 478, 490, n. 14. This Court has always set high standards of proof for the waiver of constitutional rights, Johnson v. Zerbst , 304 U. S. 458 (1938), and…
…as a drastic abridgment of democratic safeguards they embody, such as freedom of speech, press and religion,[^maj-2] and the right to counsel. This has already happened. Betts v. Brady , 316 U. S. 455. Compare Feldman v. United States , 322 U. S. 487, 494-503. For application of this natural law concept, whether under the terms…
…laws it will permit state legislatures to enact. Gideon in applying to state prosecutions the Sixth Amendment's guarantee of right to counsel followed Palko v. Connecticut , 302 U. S. 319, which had held that specific provisions of the Bill of
…the adjudicatory stage of a delinquency proceeding as are those constitutional safeguards applied in Gault notice of charges, right to counsel, the
…and the court may appoint a guardian ad litem to assist her. The court shall, however, advise her that she has a right
Supporting sources
Police must cease questioning and may not reinitiate interrogation about any offense until counsel is provided or the suspect reinitiates communication and validly waives the right.
Supporting sources
No. The constitutional right does not extend to state post-conviction or federal habeas proceedings even for death-row inmates.
Supporting sources
No. A Gerstein hearing does not trigger the Sixth Amendment right to counsel.
Supporting sources
The court must inquire into potential conflicts and advise each defendant of the right to separate counsel. Measures must be taken to protect the right unless good cause shows no conflict is likely.
Supporting sources