Also known as: 6th Amendment right to counsel · right to counsel · Gideon right · right to appointed counsel
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee ensuring that an accused person receives the assistance of counsel in all criminal prosecutions. The right attaches upon the initiation of formal adversary judicial proceedings and extends to every critical stage from initial appearance through appeal unless waived.
Solomon Silver appeared at his initial appearance on federal theft charges without funds to hire a lawyer. The magistrate appointed counsel under the governing rule to represent him through sentencing and any appeal. Silver accepted the appointment and proceeded with representation at every subsequent hearing.
Sasha Stone was in custody on robbery charges and clearly told officers she wanted a lawyer before answering questions. Detectives stopped questioning but returned an hour later without providing counsel and resumed interrogation about the same offense. Stone made incriminating statements that the court later excluded because police had reinitiated contact.
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Selena Singh was indicted for assault. Police then arranged a showup at which the victim viewed her in person without counsel present. The identification obtained at that showup was suppressed because the procedure occurred after formal charges and constituted a critical stage requiring counsel.
Santiago Sanchez had already been indicted when detectives showed a witness a photo array containing his picture. No lawyer attended the display. The court admitted the resulting identification because photo arrays are not treated as a critical stage requiring counsel under the Sixth Amendment.
Seth Shapiro was charged with burglary in state court and could not afford a lawyer. The trial court refused to appoint counsel and forced him to proceed pro se. His conviction was reversed because the Sixth Amendment requires appointed counsel for indigent defendants facing felony charges.
Stephen Shaw was indicted and in custody when officers questioned him about the charged offense without counsel present. He had not waived the right. The resulting statements were suppressed because the Sixth Amendment right to counsel had attached and barred uncounseled interrogation.
The right attaches upon the initiation of formal adversary judicial proceedings such as indictment or arraignment. It does not apply before that point even if a suspect is in custody.
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Counsel must be present at every critical stage after attachment including post-indictment lineups, showups, and custodial interrogation about charged offenses. Photo arrays are not critical stages.
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Once invoked, police must cease questioning and may not reinitiate interrogation about any offense until counsel is provided or the defendant initiates further communication and waives the right.
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The right applies to preliminary hearings that qualify as critical stages because counsel is necessary to preserve the defendant's basic right to a fair trial.
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No constitutional right to appointed counsel exists for state post-conviction collateral proceedings such as habeas corpus even for death-row inmates.
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…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…