Matt Horeczko - The Right To An Attorney In A Criminal Case

A defendant's right to representation by counsel in a criminal proceeding is one of the constitutional rights guaranteed by the Constitution. According to Matt Horeczko, the government does not always go to great lengths to fulfill its duty to provide counsel to defendants who cannot afford an attorney.

Although defendants are generally permitted to choose their counsel, violations of these rights may serve as grounds for appeal or may cause convictions to be reversed.

Sixth Amendment

Defendants are guaranteed the right to have the assistance of counsel in criminal prosecutions under the Sixth Amendment to the Constitution. This right has been guaranteed in federal prosecutions for most of the nation's history, but many states did not always offer this protection to defendants.

What are the circumstances under which I have the right to a lawyer?

Defendants who face criminal charges that could lead to imprisonment have a right to a lawyer. All that matters is that jail or prison time is possible, not how long it lasts or even if it even happens. Defendants facing misdemeanor charges with a maximum jail sentence of six months have the right to a lawyer, regardless of whether the actual sentence is a fine or probation rather than jail.

The majority of traffic violations do not warrant the appointment of counsel because the possible penalties include fines and losing your license, and no jail time. Similarly, defendants in civil cases do not have the right to counsel, except in very rare situations where liberty may be at risk, such as contempt cases.

Young people who are involved in juvenile delinquency proceedings also have the right to be represented by a lawyer, says Matt Horeczko.

By reading the above piece of information, we hope you would have better got an idea of the right to an attorney in a criminal defense case.