Counsel

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  • A person who can provide representation in a court of law or provide legal assistance (also called a lawyer or an attorney). The right to counsel during criminal legal proceedings is a fundamental right implied in the Fifth Amendment and expressly written in the Sixth Amendment. Miranda warnings, which include the right to remain silent and the right to counsel, are implied in the due process clause of the Fifth Amendment and incorporated to the states via the Fourteenth Amendment. This right to counsel applies prior to formal court proceedings (i.e., at pre-indictment lineups, interrogation, etc.), while the Sixth Amendment right to counsel applies at the start of formal court proceedings, such as arraignment.

    10.4135/9781412972024.n576

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