In the Bill of Rights, the Sixth Amendment of the Constitution reads as follows:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
Ultimately, the Sixth Amendment describes the rights which an accused must be given during a criminal trial. Through case law, the right to counsel has been extended to apply during a suspect’s interrogation, the actual trial, sentencing and the initial portion of an appeal. Sixth Amendment rights will apply to all individuals who are arrested in the United States, regardless of whether or not they are an American citizen.
The Sixth Amendment describes several different rights. Federal and State Courts have further defined the rights granted in the Sixth Amendment through case law. These rights are as follows:
As criminal cases continue to be heard, these rights will continue to evolve. Each right can become very complicated, depending on the circumstances surrounding it.
For a free consultation, contact the Law Office of Brett A. Podolsky at 713-227-0087.