Table of Contents
RIPD Services
RIPD Locations
What is a Crime?
Right to Counsel
Which Court?
Court Procedure
Trials
Sentencing
Probation/Violation
Appeal
Bail
Juveniles
Parental Rights
Police Questioning
Searches
Drunk Driving
Testify in Court
Immunity
Spouse Privilege
Victims of Crime
Expungement
Other Lawyers

When is There a Right to Counsel?

The Constitution guarantees the right to have a retained (privately paid for) attorney in any situation, before or after arrest, in and out of court. The Constitution guarantees counsel to indigents only if a criminal proceeding results in, or is likely to result in, a jail sentence being imposed,; that means indigents are not entitled to a free lawyer if the charge is only a violation. The right to counsel does not attach only in the courtroom. There is a right to have counsel present during custodial questioning by the police or in certain circumstances during a lineup.

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