Right to Counsel
Definition
A criminal-law concept describing conduct, procedure, or legal consequence defined by governing offense or rule elements. It applies only when the legally specified conditions for its use or enforcement are satisfied. It does not apply where required elements or conditions are absent. It materially affects charging, adjudication, detention, or sanction decisions in practice.
Right to Counsel
Definition
The legal entitlement of a suspect or defendant to be represented by legal counsel during custodial interrogation and at critical stages of criminal proceedings, including a state-appointed lawyer where required by law for those who cannot afford private counsel; scope and procedures vary by jurisdiction.