Posts tagged with "Constitution"

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. 

Fifth Amendment Right To Counsel – Know Your Rights

By: Undisputed Legal/Court Service Department

Constitutional Requirement

1. No person shall be compelled in any criminal case to be a witness against him/herself. (Fifth Amendment, U.S. Constitution)

  1. Right must be asserted to take effect.
  2. Provision prevents the defendant from being called as a witness for the prosecution in a criminal case.
  3. Provision prevents the prosecution or any witness from commenting upon the defendant’s failure to take the stand or to answer questions.
  4. Limited to testimonial evidence (oral or written).