Defendant’s Right to Counsel

A criminal defendant’s right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the “assistance of counsel” for the accused “in all criminal prosecutions.” This means that a defendant has a constitutional right to be represented by an attorney during trial. It also means that if the defendant cannot afford an attorney, in almost all instances the government will appoint one to handle the case, at no cost to the defendant.