Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Right to counsel

Read a random definition: indefensus

A quick definition of Right to counsel:

The right to counsel means that if someone is accused of a crime, they have the right to have a lawyer help them, even if they can't afford to pay for one. This right is guaranteed by the Sixth Amendment in federal cases and was extended to state cases in 1963. However, for some smaller crimes, there may not be a guaranteed right to a lawyer. The right to counsel attaches when formal charges are brought against the accused. The right to counsel also implies the right to an effective lawyer, meaning that the lawyer must do a good job and not make mistakes that could harm the accused's case. However, the lawyer cannot allow the accused to lie in court, even if it could help their case. If the lawyer does not do a good job, the accused may be entitled to a new trial.

A more thorough explanation:

The right to counsel refers to a person's right to have a lawyer help them in their defense if they are accused of a crime, even if they cannot afford to pay for a lawyer themselves. This right is guaranteed by the Sixth Amendment in federal cases and was extended to state cases in 1963 by the Supreme Court in Gideon v. Wainwright.

However, there are some exceptions to this right. For example, in certain misdemeanor cases, a person may not have a guaranteed right to counsel.

When a person gains the right to counsel can be a controversial issue. The Supreme Court has ruled that a person gains the right to an attorney "at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

The right to counsel also implies the right to an effective lawyer. If a court-appointed attorney does not provide effective counsel, a new trial may be granted. The Supreme Court has established a two-prong test to determine whether an attorney has provided effective counsel: whether the attorney's performance was deficient under the circumstances and whether the attorney's supposed subpar conduct affected the trial's outcome.

However, an attorney has a duty not to allow their client to give perjured information. The Supreme Court has held that the Sixth Amendment right of a criminal defendant is not violated when an attorney refuses to cooperate with the defendant in presenting perjured evidence at trial.

For example, in United States v. Shaffer Equip. Co., the court found that an attorney who allows their client to commit perjury violates their duty of candor and good faith required to protect the integrity of the judicial process.

Overall, the right to counsel is an important protection for individuals accused of crimes, but it is not an absolute right and comes with certain limitations.

Right to confront witness | right to jury trial

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
LSD+ is ad-free, with DMs, discounts, case briefs & more.