Assistance of Counsel.
U.S. Constitution amendment 6 provides:
In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.
The Assistance of Counsel Clause includes, as relevant here, at least six distinct rights: the right to counsel of choice, the right to appointed counsel, the right not to be constructively denied counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself pro se.
A defendant does not have a Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing (even though deportability is often a collateral consequence of criminal conviction).
Choice of counsel.
A defendant must be given an opportunity to retain counsel, even if not entitled to appointed counsel. Subject to considerations such as conflicts of interest, scheduling, counsel's authorization to practice law in the jurisdiction, and counsel's willingness to represent the defendant (whether pro bono or for a fee), criminal defendants have a right to be represented by counsel of their choice. The remedy for erroneous deprivation of first choice counsel is automatic reversal.
In Caplin & Drysdale v United States (1989), the Court held that there is no Sixth Amendment exception to criminal forfeiture; for example, after conviction, the government can seek forfeiture of already paid legal fees under a forfeiture statute, notwithstanding the effect on the defendant's ability to retain counsel of choice.
Appointment of counsel.
A defendant unable to retain counsel has the right to appointed counsel at the government's expense. While the Supreme Court recognized this right gradually, it currently applies in all federal and state criminal proceedings where the defendant faces authorized imprisonment greater than one year (a "felony") or where the defendant is actually imprisoned.
The right to appointed counsel does not extend when the defendant is not sentenced to actual imprisonment and could not have been sentenced for more than one year, even if that conviction is later used to enhance sentencing for another crime, or even if the revocation of probation may result in actual imprisonment. Nor does the defendant have the right to appointed counsel to raise frivolous arguments on direct appeal, or to raise any arguments on habeas or other collateral appeal, even if facing execution.
