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Criminal procedure

right to counsel

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 Texas, as in all states, the Sixth Amendment of 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 right to be informed of the nature and cause of the accusations, the right to confront witnesses against them, the right to obtain witnesses in their favor, and crucially, the right to have the assistance of an attorney for their defense. Texas upholds these rights through its own constitution and laws. If an accused cannot afford an attorney, the state is required to provide one, typically a public defender. This right to counsel is considered a fundamental component of a fair trial, ensuring that the accused can adequately navigate the legal system and mount a defense.

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