One of the most important rights in our judicial system is the right to be advised by an attorney if and when you are charged with or questioned in connection with a serious crime. This right is of vital importance to anyone who must face the possibility of losing their freedom because they have been accused of breaking the law. The following article examines every American's right to a lawyer in more detail.

Fifth Amendment

The United States Supreme Court has ruled that everyone has the right to counsel after an arrest when they are being questioned by law enforcement officers. This right is guaranteed by the fifth amendment of the United States Constitution, according to a ruling by the court from 1966 in the case of Miranda vs. Arizona. The court also ruled that law enforcement officials must inform you of this right before an interrogation begins. An important point regarding your fifth amendment rights is that once you ask to consult an attorney, the authorities must not question you any further until you have had a chance to consult with a lawyer.

Sixth Amendment

You also have a right to an attorney under the sixth amendment of the U.S. Constitution. This amendment guarantees you the right to have competent counsel during legal proceedings after you have been charged with a serious crime, such as a felony, where you face significant jail time.

There are a few exceptions to this sixth amendment right, primarily in cases involving children or child custody.

Eligibility for Free Attorney

The right to an attorney for anyone arrested or charged with a serious crime does not depend on your ability to pay the lawyer. In 1963, the Supreme Court ruled that anyone facing a loss of their liberty had the right to a criminal law attorney regardless of whether they could hire an attorney.

The requirements for being eligible for a court-appointed attorney can vary from jurisdiction to jurisdiction. Typically the court will look at your income and then make a determination. You may need to provide the court with financial documents to prove that you are eligible.

Waive

In addition to having the right to an attorney, you may also waive this right if you choose. This is almost always a bad idea, however, as the average person is simply not capable of conducting their own defense effectively. In the unfortunate event that you are ever charged with a felony, exercising your constitutional right to an attorney is without a doubt your best course of action.