Right to counsel

A legal entitlement to assistance from a lawyer in specified proceedings. Its scope depends on the jurisdiction, type of proceeding, and circumstances.

Attachment of the Right to Counsel: The point in a legal proceeding when a person's right to counsel becomes active. In U.S. criminal cases, the Sixth Amendment right generally attaches when formal adversarial proceedings begin.
Sixth Amendment to the United States Constitution: The U.S. constitutional amendment protecting rights of people accused in criminal prosecutions. Its Counsel Clause is the central federal source of the criminal accused's right to counsel.
Massiah v. United States: A 1964 U.S. Supreme Court decision limiting deliberate government elicitation of statements from an indicted defendant without counsel. It applies the Sixth Amendment right during post-charge investigation, not only at trial.
Right to Self-Representation: A criminal defendant's right, under specified conditions, to conduct their own defense instead of using a lawyer. It is the principal alternative to exercising the right to counsel in U.S. criminal trials.
Indigent Defense: Legal representation provided to people who cannot afford a lawyer in proceedings where counsel is required. Public defense systems fulfill the entitlement for defendants without sufficient means.
Powell v. Alabama: A 1932 U.S. Supreme Court decision requiring appointed counsel for indigent defendants in a capital case under its circumstances. It marked an early federal recognition that counsel may be essential to a fair trial.
Rothgery v. Gillespie County: A 2008 U.S. Supreme Court decision holding that the Sixth Amendment right attaches at a defendant's initial appearance before a judicial officer. It clarifies when the right begins in ordinary criminal proceedings.
Right to Remain Silent: A legal protection against being compelled to provide testimonial evidence against oneself. It protects against compelled statements, while counsel provides legal assistance during proceedings and questioning.
Waiver of Counsel: A person's informed and voluntary decision to give up legal representation where the law permits it. A valid waiver can allow proceedings to continue without appointed or retained counsel.
Gideon v. Wainwright: A 1963 U.S. Supreme Court decision requiring states to provide counsel to indigent defendants charged with serious crimes. It applied the Sixth Amendment counsel guarantee to state felony prosecutions.

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