right to counsel

Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and statute (18 U.S.C.A. No. 3006A). Such right to counsel exists with respect to felonies (Gideon v. Wainright, 372 U.S. 335, 83 S.Ct. 792); misdemeanors when the sentence is to a jail term (Argersinger v. Hemlin, 407 U.S. 25, 92 S.Ct. 2006), and to juvenile delinquency proceedings (In re Gault, 387 U.S. 1, 87 S.Ct. 1428).

The extent of this right extends from the time that judicial proceedings have been initiated against the accused, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment (Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232), through to sentencing (Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254) and appeal (Douglas v. California, 372 U.S. 353, 83 S.Ct. 814). There is no absolute right to appointed counsel in postconviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539.

"Counsel" however within Sixth Amendment does not include a lay person but refers only to person authorized to practice law. U. S. v. Grismore, C.A.Colo., 546 F.2d 844, 847.

See also assistance of counsel

- critical stage

- effective assistance of counsel

- Escobedo Rule

- Miranda Rule

- public defender