The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to the assistance of counsel, and states that:

“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 wherein 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 the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

In South Dakota, as in all states, the Sixth Amendment to the United States Constitution guarantees the rights of individuals accused of crimes. This includes the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed. The accused must be informed of the charges against them, have the opportunity to confront and cross-examine witnesses, and have the means to compel witnesses to appear in their defense. Importantly, the Sixth Amendment also ensures the right to have the assistance of an attorney for one's defense. If an accused person cannot afford an attorney, the state is required to provide one. South Dakota's state statutes and court rules outline the procedures for ensuring these rights are upheld, including the appointment of public defenders and other aspects of criminal procedure that align with the federal constitutional standards set forth by the Sixth Amendment.