Defendants charged with crimes are almost always best served by obtaining a lawyer, for the reasons explained below. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.
Generally, a person has the right to have an attorney present when being questioned by police in certain restrictive settings (circumstances where a reasonable person wouldn’t feel free to leave. But to invoke this right, the person must “unambiguously” request an attorney.
Rights of Criminal Suspects and Defendants. The U.S. Constitution gives criminal suspects and defendants a number of important rights. These are designed to protect the innocent from being convicted. The Constitution provides minimum protections that each state must allow, but states can give their citizens additional rights.
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.S. Constitution. The government does not always go to great lengths to fulfill its duty to make counsel available to defendants who cannot afford an attorney.
The U.S. Supreme Court has gradually recognized a defendant’s right to counsel of his or her own choosing. A court may deny a defendant’s choice of attorney in certain situations, however, such as if the court concludes that the attorney has a significant conflict of interest. Wheat v. United States, 486 U.S. 153 (1988). The Supreme Court has held that a defendant does not have a right to a “meaningful relationship” with his or her attorney, in a decision holding that a defendant could not delay trial until a specific public defender was available. Morris v. Slappy, 461 U.S. 1, 14 (1983).
Right of Self-Representation. 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.
The right to representation by counsel in a criminal proceeding is one of the fundamental rights guaranteed by the U.S. Constitution. The government does not always go to great lengths to fulfill its duty to make counsel available to defendants who cannot afford an attorney. In general, however, defendants still have the right to counsel ...
Deprivation of a defendant’s right to counsel, or denial of a choice of attorney without good cause , should result in the reversal of the defendant’s conviction, according to the U.S. Supreme Court. United States v. Gonzalez-Lopez, 548 U.S. 140 (2006).
Sixth Amendment. The Sixth Amendment to the U.S. Constitution states that “ [i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”. This has applied in federal prosecutions for most of the nation’s history.
The right to counsel of choice does not extend to defendants who require public defenders. Individuals have the right to representation by an attorney once a criminal case against them has commenced, and the Supreme Court has also recognized the right to counsel during certain preliminary proceedings.
Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.
Self-representation is made difficult in part by the typical gulf between paper and practice in criminal cases. In books you can find laws that define crimes, fix punishments for their violation, and mandate courtroom procedures. Take the time and trouble to read these books, defendants might think, and they'll understand the system. Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.
The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.
What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
If you've been charged with a criminal offense and lack the resources to hire legal representation, you may be entitled to a court-appointed attorney. The right to an attorney in criminal proceedings is enshrined within the Sixth Amendment to the U.S. Constitution.
The justices in Gideon unanimously held that "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.".
Wainwright was it established that criminal defendants who are unable to afford a lawyer have a right to free legal representation. Defendants who meet certain low-income criteria are assigned either full-time public defenders or private lawyers appointed by the court.
If you can't afford one, be sure to request a free court-appointed attorney. If you're facing criminal charges, contact a criminal defense attorney near you to obtain an experienced and informed evaluation of your case.
To determine whether you qualify for a free court-appointed attorney, you may have to gather financial documents and prove to the judge that you lack the funds for a private lawyer.
As with privately hired attorneys, court-appointed lawyers are legally obligated to zealously defend their clients' interests. Also, despite the fact that public defenders and other lawyers appointed by the court are paid by the same entity that pays the prosecutors and judges (the government), they work for you.
Expanding upon its ruling in Massiah v. United States, the U.S. Supreme Court rules in Escobedo v. Illinois that the Sixth Amendment right to counsel applies to interrogations of suspects before they have been charged with any particular crime.
Zerbst: The Sixth and 14th Amendments guarantee indigent defendants the right to have an attorney appointed, at the government’s expense, if they are charged with a serious crime. In 1972, in Argersinger v. Hamlin, the Court will extend the Gideon rule to defendants charged with a misdemeanor and facing jail time.
In Johnson v. Zerbst, the U.S. Supreme Court rules that in federal court trials, the Sixth Amendment right to assistance of counsel includes the right to have counsel appointed at the government’s expense if a defendant cannot afford to pay for one. Four years later, however, in Betts v. Brady, the court will refuse to extend the same rule to state court trials.
The court finds that the teens were denied their Sixth Amendment right to effective assistance of counsel because they had not seen an attorney until the morning of the trial and had no chance to put on a meaningful defense.
Supreme Court rules that the Sixth Amendment right to counsel applies not only when police formally interrogate suspects but also when they casually speak with the defendant and intentionally discuss topics that they know are likely to provoke the defendant to make incriminating statements.
Supreme Court invalidates the death sentence of Kevin Wiggins on the ground that he had ineffective assistance of counsel, in violation of the Sixth Amendment, during the sentencing phase of his trial.
Sixth Amendment – Right to Assistance of Counsel. The Sixth Amendment guarantees a criminal defendant the right to have an attorney defend him or her at trial. That right is not dependent on the defendant’s ability to pay an attorney; if a defendant cannot afford a lawyer, the government is required to provide one.
A client might tell an attorney about their intent to tamper with witnesses or destroy evidence of a crime. They may tell the attorney that they will induce a witness to commit perjury by lying during their testimony, or they may ask the attorney to help them by presenting false evidence. In some cases involving financial crimes, ...
The crime-fraud exception usually applies only to communications regarding ongoing or future crimes. Communications regarding past crimes remain protected under the privilege. Sometimes criminal intent can play a role in a court’s decision on whether the exception applies. If the client has a current intent, the crime-fraud exception probably ...
The exception may apply in some types of civil cases as well, such as when a client is planning to perpetrate fraud or another tort. (The line between criminal and civil cases can be blurred because some conduct, such as an assault, can result in both criminal and civil liability.) Some of the crimes that often arise in this context include crimes ...
If the client has a current intent, the crime-fraud exception probably applies. If the client does not have a fully formed intent but is asking about their options, the exception may not apply because their intent is only potential.
An attorney may or may not be required to reveal information that would prevent financial losses resulting from a crime. If the client tells the attorney about the location of a missing witness or victim, or a key piece of tangible evidence, the attorney sometimes will need to disclose that information.
This way, the lawyer is not committing an ethical violation by tolerating perjury, but does not prejudice their client’s case. If a lawyer knows that a witness plans to commit perjury or has committed perjury, they have a duty to disclose this information to the court.
For example, the attorney may be required to report a threat by their client to harm someone else. They generally have an obligation to reveal any information that would prevent someone else from suffering death or serious injury. An attorney may or may not be required to reveal information that would prevent financial losses resulting from a crime.
In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.
The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.
“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)
Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)
The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:
It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose.
A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery ...