What you do next when you are being charged with a criminal offense is crucial. While the experience can be daunting, stressful, terrifying, and intimidating it’s important to stay calm and remember your rights. Whether you are guilty or not, you have the right to as dictated by the U.S. Constitution. And if you cannot afford one, the court is obligated to provide one for you. Your right to representation is crucial in the law system as this has helped prevent cases of wrongful conviction. So, in this article, we have put together some key notes about your rights in a criminal case.
The Sixth Amendment
In the Constitution of the United States, the Sixth Amendment is part of the Bill of Rights that establishes the procedures governing criminal courts. Regarding the Sixth Amendment, in all criminal prosecutions, the accused has the right to have the Assistance of Counsel for his defense. Whether it’s a federal or state prosecution, the Sixth Amendment applies. In criminal law, transparency and fairness are evident in accusation and confrontation clauses. Based on the fact that everyone has the right to a lawyer, you can consult a Wrongful conviction attorney in California to help you navigate the indictment, confrontation, cross-examination, and so on.
Right to Choice of Attorney
When a criminal case is made against an individual, the accused have the right to representation of their choice. So, if the attorney provided by the court does not sit well with the accused, they have the right to hire an attorney of their choosing. However, there are cases where due to prejudice or conflict of interest the court may deny certain representation.
Also, the defendant has the right to self-representation otherwise known as Pro se in criminal court. While self-representation is not always recommended as not many people know much about the justice system or how to best defend themselves. As such, the court always makes it its obligation to determine if the defendant fully understands the risks of waiving their right to counsel and does so voluntarily.
Denial of Right to Counsel
If a defendant is denied or deprived of their right to counsel, or an attorney of their choice it can result in the reversal of the defendant’s conviction. According to the U.S. Supreme Court, such an act has to come with a good reason, or the court will rule in favor of the defendant. This ground is fundamental to allow the defendant to challenge the validity of the conviction during the proceeding.
For example, a defendant cannot be denied the right to change counsel in the eyes of the trial solely because it is late so as not to delay the court. Similarly, if a defendant’s attorney is injured a day before trial, the defendant cannot be forced to trial without a counsel of choice. Furthermore, if the defendant believes his or her attorney of choice was ineffective assistance of counsel, the defendant has the right to appeal that the attorney’s performance fell below an objective standard of reasonableness and was prejudicial to the case.
