Quiet daylit courthouse consultation room with two empty chairs and a small table
The United States Constitution and the Michigan Constitution protect the right to counsel in criminal prosecutions. Michigan law also provides procedures for advising defendants and appointing counsel for eligible people who cannot afford an attorney.
The trial right to counsel differs from the right to request an attorney during custodial police questioning.
The Right Attaches When Formal Criminal Proceedings Begin
The Sixth Amendment right to counsel generally attaches when the government begins formal criminal proceedings, such as by filing a charge, conducting a preliminary hearing, or arraigning the accused.
After the right attaches, counsel must be available at critical stages. These may include plea negotiations, preliminary examinations, trial, and sentencing. Whether a stage is critical depends on whether the absence of counsel could affect the defense.
Police questioning presents a separate issue. A person who is in custody and being interrogated may invoke the right to remain silent and request an attorney. A clear statement such as, “I want to speak with a lawyer,” is safer than an uncertain reference to legal advice.
Appointed Counsel Is Not the Same as Any Lawyer You Choose
A defendant who cannot afford an attorney may qualify for appointed counsel. Eligibility involves financial screening and the nature of the case. There is generally no constitutional right to appointed counsel for a misdemeanor when no sentence of imprisonment is imposed.
Appointed counsel does not ordinarily mean the defendant may select a particular lawyer. A serious conflict, breakdown in communication, or other valid concern may justify requesting different counsel, but simple dissatisfaction may not be enough.
A retained attorney is also subject to scheduling, conflict, and courtroom requirements. The right to counsel is fundamental, but it does not allow a defendant to delay proceedings indefinitely.
Waiving Counsel Should Never Be Treated as Routine
A defendant may ask to represent himself or herself, but the waiver of counsel must be knowing, intelligent, and voluntary. Michigan courts must address the charges, potential punishment, and risks of self-representation and provide an opportunity to consult with a lawyer before accepting an initial waiver.
Self-representation places responsibility for motions, evidence, objections, questioning, deadlines, and trial procedure on the defendant. The court cannot become the defendant’s legal adviser.
Before waiving counsel, ask what penalties are possible, whether appointed counsel is available, and how self-representation may affect the ability to preserve issues for appeal.
Contact a Michigan Criminal Defense Attorney
If you have been charged, summoned to court, asked to waive counsel, or are uncertain whether appointed representation is available, speak with a Michigan criminal defense attorney before making a decision. Early advice can protect both the case and the record.
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