If you are charged with a crime in Orange County, you have a constitutional right to an attorney. This right is guaranteed by the Sixth Amendment to the United States Constitution, which provides that an accused person has the right to legal counsel in criminal prosecutions.

“In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defense.”

This right applies in criminal cases only. It does not apply to civil matters, such as lawsuits for damages, where individuals must hire an attorney on their own or represent themselves.

In general, if the charges you face carry the possibility of jail time or loss of liberty, you have the right to be represented by an attorney. This right exists even if you ultimately do not receive a jail sentence — the key factor is whether incarceration is a potential outcome.

You also have the right to hire an attorney of your choosing. If you cannot afford to retain private counsel, the court will appoint an attorney, such as a public defender, to represent you. However, court-appointed attorneys are assigned by the court, and defendants typically do not have the ability to choose who is appointed.