Also known as: right to counsel · assistance of counsel · right to legal counsel · Sixth Amendment right to counsel · Gideon right
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that in all criminal prosecutions the accused shall have the assistance of counsel for defense. The right attaches at the initiation of formal adversary judicial proceedings and extends to critical stages of the prosecution.
Lena appeared in municipal court believing the sidewalk citation was an administrative matter. The judge conducted a bench trial on the criminal infraction and entered a conviction without advising her of the charges or offering time to obtain counsel. The proceeding violated her right because the court held a criminal prosecution without counsel or a valid waiver.
After Melanie clearly invoked her right to counsel during custodial questioning, a different detective visited her in jail the next day and obtained a second confession without providing counsel. The reinitiation violated the right because police may not resume interrogation about the offense until counsel is provided or the suspect initiates further communication.
Select any source to read its text and confirm it supports the definition.
Warren's appointed defender never interviewed technicians or obtained work-order logs that could have shown others accessed the rebate system. The omissions so undermined the adversarial process that the trial could not be relied upon to have produced a just result.
Detectives showed Gene a single company photo of Betty two days after the server intrusion. Because photo identifications are not a critical stage, Betty had no right to counsel at the procedure even though she had already been indicted.
Warren insisted his public defender present testimony he knew was false about the rebate applications. Counsel refused to cooperate and threatened to disclose the perjury to the court. The refusal did not violate the right to effective assistance because counsel has no duty to assist in committing perjury.
Gideon was charged with a felony in state court and could not afford a lawyer. The trial court refused to appoint counsel and Gideon was convicted after representing himself. The conviction violated the right because indigent defendants facing felony charges are entitled to appointed counsel.
The right attaches upon the initiation of formal adversary judicial proceedings such as indictment or arraignment. Once attached it applies at all critical stages of the prosecution.
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No. Photo arrays are not a critical stage requiring counsel even after indictment although the procedure may still be challenged on due process grounds if unnecessarily suggestive.
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Counsel must first attempt to dissuade the client then consider withdrawal and if necessary disclose the perjury as a reasonable remedial measure. Refusing to cooperate does not violate the right to effective assistance.
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No. Once a suspect in custody clearly invokes the Miranda right to counsel police must cease interrogation and may not reinitiate questioning about any offense until counsel is provided or the suspect initiates further communication.
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Effective assistance is presumed unless counsel's conduct so undermines the adversarial process that the trial cannot be relied upon to have produced a just result. Specific errors rather than general factors such as inexperience must usually be shown.
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…. . . shall be compelled in any criminal case to be a witness against himself," and that "the accused shall . . . have the Assistance of Counsel"—rights which were put in jeopardy in that case through official overbearing. These precious rights were fixed in our Constitution only after centuries of persecution and struggle. And in…