Legal Definitions - counsel, right to

Definition: The right of a criminal defendant to have a court-appointed lawyer if they cannot afford to hire one. This right is guaranteed by the Sixth Amendment of the United States Constitution. The Supreme Court has also recognized the right to counsel for juvenile delinquent defendants. In family law, the right to counsel applies to defendants in a suit for termination of parental rights if they cannot afford to hire a lawyer.

Examples:

• A person who is charged with a crime and cannot afford a lawyer has the right to have a court-appointed lawyer represent them in court.
• If a parent is being sued to terminate their parental rights and cannot afford a lawyer, they have the right to have a court-appointed lawyer represent them in court.

These examples illustrate how the right to counsel applies in both criminal and family law cases. The right ensures that defendants who cannot afford a lawyer are still able to have legal representation in court.