Understanding a Defendant’s Rights Under the Sixth Amendment

The Sixth Amendment to the U.S. Constitution guarantees every United States citizen access to legal counsel. This is a critical right that any criminal defendant can exercise, and it was created to ensure that accused persons who cannot pay for legal assistance still have access to such. When a defendant cannot afford an attorney, one is appointed by the court and paid for by the government.

The federal and state justice systems all have procedures for how attorneys are appointed for defendants that cannot afford to pay. Sometimes they are appointed a public defender, other times it is an attorney offering pro bono assistance, while other occasions private attorneys are offering their services to the court at a reduced rate.

Additional Rights Under the Sixth Amendment

The Sixth Amendment provides many protections, including the fact that a defendant has right to counsel even when they are being interrogated. That means a suspect does not have to answer questions until an attorney is present. Also, a defendant has the right to legal counsel during the trial, at their sentencing hearing, and during an initial appeal of their conviction.

Exploring the Sixth Amendment Rights Deeper

All defendants have access to a criminal defense attorney Oakland County. If a person is arrested anywhere in the country, they can exercise their Sixth Amendment right.

The Sixth Amendment provides a defendant with:

·         The right to a jury trial.

·         The right to have a jury hear all witnesses and examine all evidence pertinent to the case.

·         The right to be present at the trial while the jury is hearing evidence.

·         The opportunity to confront witnesses that are testifying against them.

·         The opportunity to call witnesses for their defense.

·         The opportunity to testify themselves.

·         The right to refuse to testify.

·         The right to a criminal defense attorney.

·         The right to cross-examine any witness testifying.

·         The right for the state to prove their guilt beyond a reasonable doubt.

How Does a Defendant Exercise Their Sixth Amendment Rights?

When a defendant cannot afford a criminal defense attorney in Oakland County, they will notify the judge during their arraignment or bail hearing. At this point, the judge appoints a public defender or attorney who is then compensated by the state at the end of the case.

Usually, a judge only appoints an attorney if the case has the potential for a jail sentence of six months or more, but out of precaution, judges tend to appoint a criminal defense attorney for all cases. This ensures that the conviction is not overturned due to inadequate counsel.

The defendant must exercise their Sixth Amendment right. They also have the right to refuse counsel and represent themselves, but a judge may appoint an attorney to assist them regardless.