Sixth Amendment Right to Counsel

By: Undisputed Legal/Court Service Department

A. When Right Attaches 

1. The Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” 

a. State constitution, Const. art. I, § 22, is co-extensive with the Sixth Amendment. See generally State v. Medlock, 86 Wn. App. 89, 97-935 P.2d 693, review denied, 133 Wn.2d 1012 (1997). 

2. The Sixth Amendment right to counsel does not attach until a prosecution is commenced, that is, at or after the initiation of adversary judicial criminal proceedings, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. McNeil v. Wisconsin, 501 U.S. 171, 175, 115 L. Ed. 2d 158, 111 S. Ct. 2204 (1991). 

a. A defendant’s custodial status is irrelevant to the determination of whether the Sixth Amendment right to counsel has attached. 

This entry was posted in Law and tagged , , , , on by .

BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.