Your Rights in the Criminal Justice System
Welcome to "Your Rights in the Criminal Justice System." This section provides information on "search and seizure" rights of citizens, key rights of criminal defendants, and the constitutional rights of those who are incarcerated. To begin, select a link from the list below.
Your Rights with Police:
Your Rights in the Courtroom:
Your Rights if Convicted:
See also:
Your Rights: The Right to Counsel
The Fifth and Sixth Amendments to the U.S. Constitution give criminal defendants the right to be represented by an attorney ("counsel") in most criminal proceedings. Click on the links below for in-depth information on a criminal defendant's right to counsel.
Right to Counsel Basics:
The Right to Counsel in Specific Situations:
Right to Assistance of Counsel: First Appeal
A criminal defendant's Sixth Amendment right to assistance of counsel has been extended by the U.S. Supreme Court to include representation during the first appeal after conviction. This stage is sometimes called the "appeal as a matter of right."
If You Cannot Afford to Hire an Attorney for a First Appeal
Just as with the right to assistance of counsel at earlier stages such as preliminary hearing and trial, the government appoints an attorney to represent any criminal defendant who cannot afford a lawyer for a first appeal. For any subsequent appeal, the person usually must pay to hire an attorney. In many states, however, public interest or civil rights groups sometimes represent convicted persons for free at subsequent appeals.
A person who has been convicted of a crime may have certain options for relief in both state and federal court.
If You Cannot Afford to Hire an Attorney for a First Appeal
Just as with the right to assistance of counsel at earlier stages such as preliminary hearing and trial, the government appoints an attorney to represent any criminal defendant who cannot afford a lawyer for a first appeal. For any subsequent appeal, the person usually must pay to hire an attorney. In many states, however, public interest or civil rights groups sometimes represent convicted persons for free at subsequent appeals.
A person who has been convicted of a crime may have certain options for relief in both state and federal court.
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