Friday, August 5, 2011


The Fifth and Sixth Amendments to the U.S. Constitution give criminal defendants the right to counsel, or in other words, to be represented by an attorney in most criminal proceedings. However, it is important to understand how far the right to counsel reaches, as well as its limitations. This section has information on the types of proceedings and situations in which someone is entitled to an attorney, plus what this right guarantees. Click on the links below for more in-depth information:
Right to Counsel Basics:

The Right to Counsel Overview - A summary of the right to an attorney, and how an attorney can help in a criminal case.

The Right to Counsel in Specific Situations:

Judicial Proceedings and Custodial Interrogation - An explanation of the various stages of judicial proceedings, plus interrogations.
Lineups and Other Identification Situations - Answers to whether an attorney needs to be present at lineups, blood sampling, and more.
Post-Conviction Proceedings - The right to counsel does not disappear after a trial and conviction.

Right to Counsel Guarantees:

What the Sixth Amendment Guarantees - Information on the host of rights provided by the Sixth Amendment, including the right to counsel.
The Right to Adequate Representation - Learn what "adequate" representation means under the Constitution, and how it affects cases.

See also:

Your Rights: Miranda and the Fifth Amendment - This section contains in-depth information on a defendant's Fifth Amendment rights, including the famous "Miranda" rights.
U.S. Constitution: The Fifth Amendment - The text of the Fifth Amendment, with explanatory annotations.
U.S. Constitution: The Sixth Amendment - The text of the Sixth Amendment, with explanatory annotations.
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