The right to counsel is an important right that is grounded in the 6th Amendment of the United States Constitution. 

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The 6th Amendment right to counsel only applies when: 

1. Criminal prosecution has begun and 

2. where the government is taking deliberate action to elicit incriminating information about the crime charged. 

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Moreover, a criminal defendant has the right to have counsel present at all critical stages of the criminal proceeding. 

• A critical stage is a stage in which rights could be lost, which include: 

  • pretrial lineups​

  • preliminary hearings and 

  • arraignment in which rights may be lost such as bail. 

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Finally, counsel must be appointed where there is any possibility of prison or for ANY felony. 

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WAIVER OF THE 6th AMENDMENT RIGHT TO COUNSEL: 

The right to counsel can be waived if it is done knowingly, intelligently, and voluntarily. 

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6th Amendment Right to Counsel Scenarios: 

1. Pre-indictment lineup: 

   1. There is no 6th Amendment right to counsel before the initiation of criminal proceedings. 

2. Post-Indictment lineup: 

   1. This is a critical stage of prosecution and doing a post-indictment lineup without counsel present can violate the 6th Amendment right to counsel. ​

3. Police displaying a photo lineup or take a handwriting sample from the defendant

   1. These are not considered critical stages and the 6th Amendment does not require the presence of counsel. ​

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