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When Do I Have a Right to an Attorney?

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If you are a criminal suspect or defendant, the grants you the right to an attorney. This right is thanks to our 6th Amendment. Continue below to learn what you need to know about exercising this right, including how to protect it from start to finish in your criminal case.

Defense Attorney Indianapolis Indiana 317-636-7514
Defense Attorney Indianapolis Indiana 317-636-7514

The Sixth Amendment Right is Reserved for Criminal Prosecution

The 6th Amendment provides many important rights for criminal defendants, including the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney. But you are only conferred the right to an attorney if you are under criminal prosecution. Basically, if you are suspected of a crime, the law gives you the right to have an attorney present every step of the way, from the moment you are arrested and read your Miranda Rights to the day of your appeal hearing.

If you are facing a civil suit, such as a custody matter or contract dispute, you do not have a right to an attorney, and instead, would have to retain a private lawyer on your own. The reason why criminal defendants have a right to an attorney and civil defendants and claimants do not is because civil matters only result in fines and other civil penalties, while criminal matters can lead to a loss of freedom.

How to Execute Your 6th Amendment

There are many instances in which you can evoke your 6th amendment right. First, if you are arrested and have been read your Miranda Rights, you are officially in police custody, which means you are not allowed to leave and any questions the police ask are custodial. In this case, you would be immediately eligible to use your right to an attorney as soon as they begin asking you questions. Your sixth amendment right is an important protection against custodial interrogation. Any questions asked by the police are designed to trick you into incriminating yourself.

You can also use your sixth amendment right during any court appearance you have, even after being found guilty.  You have in a right to an attorney at all pretrial hearings, such as your arraignment and initial hearing, as well as all other court appearances, including trial, sentencing, and appeals.

When Your Right to an Attorney Ends

At some point in the criminal justice process, your right to an attorney will come to an end. For instance, if you are scheduled any post-conviction hearings for probation or parole, or even a parole revocation hearing, you no longer have a right to an attorney. For these types of hearings, you would be required to hire your own private lawyer. Also, if a defendant is still locked up and they are scheduled a disciplinary hearing, they do not have a right to an attorney.

Are you looking to avoid jail time and the maximum penalties for your criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

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Facts About Your Sixth Amendment Right to Counsel

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In the United States Constitution, the first 10 amendments are known as the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. When it comes to being appointed a lawyer pro bono, your 6th amendment right will protect you if necessary. This is your right to an attorney. But the sixth amendment does not apply to everyone, nor any type of case.

Continue reading to learn what you need to know about your 6th amendment right after being arrested for a crime in Indiana.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

6th Amendment Gives You the Right to Counsel

Not everyone is given the right to a free attorney. This right only applies to criminal cases because jail time is on the table, and our Forefathers wanted everyone to have a chance at a fair trial when the stakes are so high. But not only does the 6th Amendment provide you the right to an attorney in a criminal case, but it also bestows the right to a “speedy and public” trial, and a trial by an impartial jury.

This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense. Even after a defendant has been convicted in criminal court, the 6th amendment still gives them the right to an attorney for all subsequent sentencing hearings, motions, and appeals.

Sixth Amendment (1791)
“(…) 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.”

Although the 6th amendment is generally applied in court during a criminal case, a defendant can also invoke their sixth amendment right if they are officially in custody, and have had their Miranda right’s read to them by police. Such questioning is known as a custodial interrogation, which basically means the person being interrogated is officially under arrest and in police custody. If you are wondering which U.S. amendments protect criminals’ rights, speak with an experienced defense lawyer for current information you can trust.

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Trust our legal professionals to help place you in the best position possible following an arrest, charge, or conviction. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
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