Assistance of Counsel for Defense

Individuals accused of a crime have the right to be represented by an attorney. As a general rule, a person has a right to the attorney of his or her choice, but this right is not unlimited. The lawyer must be admitted to the jurisdiction in which the prosecution is being brought, and in the case of an indigent defendant who receives a free attorney appointed by the court, the defendant usually cannot choose his or her lawyer. In rare instances, the court may prohibit a defendant from being represented by a particular lawyer. For example, John Gotti was not permitted to have his chosen attorney represent him in federal court, and the decision of the judge was upheld on appeal.