When is a defendant entitled to an attorney

The right to counsel under the U. Constitution is actually a fairly simple concept. If you are charged with a crime for which you face potential time in jail, then you have the constitutional right to have a lawyer to assist you in your defense.

Most people do not know, for example, what is and is not admissible in a court of law, let alone how to procedurally convince twelve jurors that they are innocent. In Gideon v. This seems to us to be an obvious truth. That is not true. It mostly left the standards for determining who qualifies for legal representation at public expense to the states.

In the federal court system, federal public defenders represent defendants who meet a defined standard for indigence. Supreme Court. United States v. Gonzalez-Lopez , U. Even if a defendant is represented by an attorney of his or her choosing, he or she may be entitled to relief on appeal if the attorney did not provide adequate representation. Strickland v. Washington , U. Defendants have the right to represent themselves, known as appearing pro se , in a criminal trial.

A court has the obligation to determine whether the defendant fully understands the risks of waiving the right to counsel and is doing so voluntarily. Immigration proceedings, including deportation hearings, are considered civil in nature, not criminal, so the Sixth Amendment right to counsel does not apply. INS v. Lopez-Mendoza , U. Federal immigration law contains a statutory right to counsel in removal proceedings, but only at no expense to the government. Last reviewed October Criminal Law Contents.

The Right to a Criminal Defense Attorney The right to representation by counsel in a criminal proceeding is one of the fundamental rights guaranteed by the U. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses.

Admissibility of Evidence in Criminal Cases. Criminal Appeals. Motions for a New Trial in Criminal Cases. Competency to Stand Trial for Criminal Defendants. Continuances in Criminal Cases. Gideon did receive a second trial in Florida, where he was found not guilty with the help of an attorney. Toggle navigation. Sign up for our email newsletter. Sign Up.