Defense Counsel

Defense counsel is the lawyer or legal team representing a person accused in a criminal case. Defense counsel advises the accused, challenges the prosecution’s evidence, raises legal arguments, and protects the client’s rights under the law. A defendant who cannot afford a lawyer may be entitled to appointed counsel in qualifying cases.

Example: In Gideon v. Wainwright (1963), the Supreme Court held that states must appoint counsel for indigent defendants charged with felonies.

Common misconception: Defense counsel’s role is to prove the defendant is innocent. Counsel’s role is to protect the client’s rights and test the prosecution’s case; the prosecution must prove guilt beyond a reasonable doubt.

Sources: https://constitution.congress.gov/browse/amendment-6/; https://www.govinfo.gov/content/pkg/USREPORTS-372/pdf/USREPORTS-372-335.pdf