THE RIGHT TO COMPETENT COUNSEL

Adequate Representation: Your Right to a Competent Lawyer

As a citizen of the United States, each person is entitled to adequate representation under

the Constitution of the United States. This means that citizens have the right to a competent 

lawyer. Adequate representation not only covers the right to have an attorney present at a 

trial in a court of law but also that the lawyer is competent in arguing cases in a court of 

law. If a defendant is found to have had an incompetent lawyer during trial and the verdict 

of the trial is ‘guilty’ then the ‘guilty’ verdict can be thrown out because of the incompetent

lawyer. To prove that the incompetence of a lawyer hurt the trial so much that it cannot go

on two things must be proven:

The defendant must be able to show that the lawyer did not do an effective enough job and

his or her performance was deficient. The defendant must also prove that his or her legal

counsel made errors so serious that the counsel did not perform as they had promised.

The defendant must also prove that the legal counsel of the defendant was so erroneous that

it caused unfair prejudice of the defense, making the trial unfair at the same time.

The Public Defender

If a defendant in a court case cannot financially provide themselves with their own legal

counsel then the state or jurisdiction that they have been arrested within will provide them

with an attorney. It is mentioned in the Miranda Rights that are read to a suspect when he or

she is arrested.

Representation for a defendant will be provided for a financially eligible defendant

when the defendant is:

• Charged with a felony or a Class A misdemeanor

• Is a juvenile alleged to have committed an act of juvenile delinquency

• Is charged with a violation of probation

• Is under arrest, when such representation is required by law

• Is charged with a violation of supervised release or faces modification, reduction, or 

enlargement of a condition, or extension or revocation of a term of supervised release

• Is subject to a mental condition hearing

On Hiring A Private Attorney

For those Defendants seeking legal assistance in these tough times some observations on hiring your own paid attorney.

Income Requirements

First of all you must meet the income requirements to qualify for a public defender.  Some states are more lenient than others, but if you must lie about your income or lack of it to get a free attorney, you are already starting off on the wrong foot.

Experience and Accountability

More importantly, it might be worth it to you to scrounge up the money any way you can to hire a good private attorney.  The experience and accountability that you get for your money can play a huge part in the eventual outcome of your case.

When you are faced with a criminal charge you need an aggressive, hard-charging lawyer who is willing to put himself on the line for you and can really focus on your case.   

Money is something a lot of people don't have these days and especially criminal defendants.  And while it may seem like paying money, (in some cases a lot of money) for a private attorney is an extravagance it is an extremely important life-changing decision.

When you are in the slammer, sitting there with a conviction, you may well wish you had spent the extra money to hire private counsel.  Yeah, it's not like buying a car, or a big screen TV or a house where you have something tangible to show for your money.

But how tangible is your freedom?