The Sixth Amendment to the U.S. Constitution is the cornerstone of your right to an attorney. In plain language, it says that in “all criminal prosecutions”, the accused has the right “to have the Assistance of Counsel for his defense”. In other words, if you’re charged with a crime, you are entitled to have a lawyer defend you in court.
This right is fundamental and does not depend on your ability to pay. In a famous 1963 case, Gideon v. Wainwright, the Supreme Court ruled that state courts must provide a lawyer for defendants who cannot afford one in felony cases. (Before this ruling, the right to counsel applied only in federal cases.) Ever since Gideon, if you’re indigent (unable to afford an attorney) and facing serious criminal charges, the court will appoint a lawyer for you – usually a public defender or court-appointed private attorney. In fact, after the Supreme Court decided Gideon, Mr. Gideon got a new trial with an appointed lawyer and was acquitted of all charges, illustrating how vital a lawyer can be.
North Carolina residents should know that this right is also firmly embedded in our state law. The North Carolina Constitution echoes the Sixth Amendment, stating that “every person charged with crime has the right … to have counsel for defense”. Practically, this means if you’re charged with a crime in North Carolina and can’t afford an attorney, the state’s Office of Indigent Defense Services will provide one for you. At your first court appearance in NC, judges will typically inform you of your right to an attorney and arrange for a court-appointed lawyer if needed. The bottom line is: you never have to navigate a criminal case on your own.
At your first appearance, the judge will ask you if you want to apply for court appointed counsel, hire your own private counsel, or represent yourself. There is no justifiable reason that I can think of, as someone who works in the criminal justice system every day, to select the third option of representing yourself. Always have an attorney. Never represent yourself.
Clark Jones Author
G. Clark Jones, CEO of Ley Law, has built a distinguished career in Criminal Defense and Family Law across Eastern North Carolina, known for his dedication to clients and his commitment to achieving justice. Graduating Magna Cum Laude with a Bachelor of Science in Family Community Services from East Carolina University in December 2016, Clark pursued his Juris Doctor degree at J. Reuben Clark Law School, Brigham Young University, completing it in December 2019.
