Know Your Rights: Right to Have an Attorney

If you are arrested in the Denver or Brighton area for any type of criminal offense, you have certain rights under the US Constitution. You have a right to remain silent and to be informed of that right. You also have the right to an attorney and to be informed of that right, as well. In addition to being informed that you have the right to an attorney, you must also be informed as part of the Miranda warning that an attorney will be appointed for you if you want one but cannot afford one. While this language is part of the Miranda warning, it is actually a right you have under the 6th Amendment to the US Constitution and US Supreme Court case law. Our Denver criminal defense lawyers can provide you with more information.

Understanding the 6th and 14th Amendment Rights to Counsel

Both the 6th and 14th Amendments guarantee certain rights to counsel for defendants in criminal cases. The 6th Amendment expressly includes a person’s right to have counsel for their defense, in addition to other rights provided by this amendment:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

In addition to the right to counsel provided by the 6th Amendment, under the 14th Amendment you also have the right to have Colorado appoint an attorney for you on your behalf if you cannot afford one. This right was clarified in the US Supreme Court case Gideon v. Wainwright (1963), which held that “the right of an indigent defendant in a criminal trial to have assistance of counsel is a fundamental right essential to a fair trial,” and if a person is tried and convicted without the assistance of counsel due to their indigency, that constitutes a violation of the 14th Amendment.

Thus, the Miranda warning includes information about a defendant’s right to counsel under the 6th Amendment, and a defendant’s right to have the state appoint counsel if they cannot afford their own lawyer under Gideon and the 14th Amendment.

Contact Our Denver Criminal Defense Attorneys

If you were arrested for any type of criminal offense and were not advised of your right to counsel, or if your request for counsel was denied, you may be able to take steps to have the case against you dismissed with help from an attorney. An experienced Denver criminal defense lawyer at DeChant Law can discuss the details of your case with you today, including the constitutional violation you experienced, and we can help you to understand your options moving forward. Contact our firm for more information about how we can assist you with your defense.

Sources:

constitution.congress.gov/constitution/amendment-6/

constitution.congress.gov/constitution/amendment-14/

supreme.justia.com/cases/federal/us/372/335/