Sixth Amendment Right to Counsel

Question 1

Sixth Amendment Right to Counsel

Answer 1

Explicitly provides a criminal defendant with the assistance of counsel for his defense

Question 2

How is the Sixth Amendment Right to Counsel Invoked?

Answer 2

Right AUTOMATICALLY ATTACHES once there has been an indictment, information, or other formal charges

Exists unless D KNOWINGLY and INTELLIGENTLY waives the right

Question 3

To What Charges Does the Sixth Amendment Right to Counsel Apply?

Answer 3

Right is offense-specific

Has right to counsel only with regard to the offenses for which they have actually been charged (and any lesser-included offenses)

Applies whether D is in custody or not

Question 4

When Does the Sixth Amendment Right to Counsel Apply?

Answer 4

(1) All felony prosecutions
(2) Any misdemeanor prosecution in which jail time or suspended jail sentence is imposed
(3) All critical stages of the prosecution