Also known as: rights to counsel · right-to-counsel · right to an attorney · Sixth Amendment right to counsel
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee under the Sixth Amendment that ensures an accused person receives the assistance of counsel at critical stages of a criminal prosecution. The right includes appointment of counsel for indigent defendants when liberty is at stake and extends to post-charge identification procedures that constitute critical stages. Invocation of the related Miranda right to counsel during custodial interrogation bars police from reinitiating questioning without counsel present unless the suspect reinitiates contact.
Riley Rivera was arrested and invoked the right to counsel during stationhouse questioning about a theft. Officers ceased the interview and allowed a brief consultation with appointed counsel. The next morning a detective returned alone and resumed questioning about the same offense without counsel present, leading to additional statements.
Ralph Richardson was indicted for robbery. Detectives arranged a late-night lobby showup where a witness viewed him flanked by officers. No counsel attended the viewing, and the witness identified Richardson as the perpetrator.
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Roger Ramirez was shown a single company photograph two days after a warehouse break-in. The witness stated the image looked like the intruder. No counsel was present during the display, and the witness later identified Ramirez in court.
Ruby Rivera, Rajesh Rao, and Ricardo Rojas appeared at arraignment on fraud charges. The magistrate appointed one attorney to represent all three without separate conflict inquiries or individual waivers. The defendants proceeded to trial under the joint representation.
Ralph Richardson was convicted after a bench trial and told his appointed counsel to file a notice of appeal. Counsel failed to do so despite the client's clear request, even though Richardson had signed an appeal waiver in the plea context.
Riley Rivera appeared at arraignment on burglary charges. The court appointed counsel after Rivera stated he could not afford private representation and the magistrate confirmed the need for assistance at this critical stage.
The right attaches once formal adversary judicial proceedings have begun, such as by indictment, information, or arraignment. It then applies at all critical stages of the prosecution.
No. Photo identifications are not considered a critical stage requiring the presence of counsel under the Sixth Amendment, although the procedure may still be challenged on due process grounds if it is unnecessarily suggestive.
Police must cease interrogation and may not reinitiate questioning about any offense until counsel is provided or the suspect initiates further communication and validly waives the right.
No. A preliminary hearing solely to determine probable cause to detain does not trigger the Sixth Amendment right to counsel.
No. There is no constitutional right to counsel in state habeas corpus or other post-conviction collateral proceedings for indigent prisoners.
…to the 17th Detective Squad headquarters in Manhattan where he was interrogated for several hours. He was not advised of his right to counsel. A detective testified that the defendant had confessed to the robbery. This confession was admitted at trial and the defendant was convicted. In Westover v. United States , the defendant…