What rights does a criminal defendant have to counsel?

California, United States of America


The following excerpt is from People v. Chavez, C081677 (Cal. App. 2018):

A criminal defendant has the right to the assistance of counsel under both the Sixth Amendment to the United States Constitution and article I, section 15, of the California Constitution. (People v. Ledesma (1987) 43 Cal.3d 171, 215.) This right "entitles the defendant not to some bare assistance but rather to effective assistance. [Citations.] Specifically, it entitles him [or her] to 'the reasonably competent assistance of an attorney acting as his [or her] diligent conscientious advocate.' [Citations.]" (Ibid.) The burden

Page 17

Other Questions


What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the difference between a defendant's absolute right to counsel and his unqualified constitutional right to discharge counsel if he pleases and represents himself? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Is a defendant's claim that he was advised by a superior court that he had a right to appointed counsel pursuant to section 987 of the Criminal Code? (California, United States of America)
Is an appointed appellate counsel's duty to prosecute an indigent criminal defendant's first appeal as of right? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.