Imagine you've been accused of a crime by the state. You've seen the movies and joked about it with your friends: “You have the right to remain silent,” “I’m not saying anything without my lawyer,” and of course, “An attorney will be provided if you can’t afford one,” right? But in reality, it’s not always clear when you actually have the right to a lawyer, or when that right begins to apply.

A recent decision by the Alabama Court of Criminal Appeals on March 28, 2025, provides clear insight into when a party has the right to an attorney. On June 7, 2024, Christopher James Russell filed a motion with the Madison County Circuit Court in Huntsville, Alabama. Russell argued that he “was denied his Sixth Amendment right to counsel and his right to counsel of choice during what he claimed were critical stages of the proceeding.” Russell v. State, No. CR-2024-0911, 2025 WL 939202, at *1 (Ala. Crim. App. Mar. 28, 2025). The Madison County Circuit Court found that “the claims were meritless.” Id. Russell appealed this decision to the Alabama Court of Criminal Appeals, arguing “the circuit court erred in not granting him relief.” Id.

In response to Russell’s appeal, the Court held that “all of Russell’s claims were... meritless.” Id. Under Alabama law, it is well settled that a criminal defendant has the right to counsel at any “critical stage” of the proceeding. Ex parte Pritchett, 117 So. 3d 356, 358 (Ala. 2012). Moreover, this issue can be raised at any time because the right to counsel is a prerequisite to a valid criminal conviction. Peake v. State, 196 So. 3d 1249, 1254 (Ala. Crim. App. 2015). In other words, if Russell had in fact been denied his right to counsel at a critical stage, his conviction would be invalid, and he could raise the issue at any time. Id.

The United States Supreme Court has established that “a person's Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him.” Kirby v. Illinois, 406 U.S. 682, 688 (1972). In accordance with this ruling, in Alabama, the “right to counsel attaches at the initial appearance.” Ex parte Cooper, 43 So. 3d 547, 549 (Ala. 2009). This right has been further limited to “only critical stages of the legal proceeding.” Vanpelt v. State, 74 So. 3d 32, 75 (Ala. Crim. App. 2009) (quoting United States v. Lewis, 483 F.3d 871, 873 (8th Cir. 2007)). Furthermore, the right to counsel does not extend to lineups that take place “before the defendant ha[s] been indicted or otherwise formally charged with any criminal offense.” Russell v. State, WL 939202, at *2.

In this case, Russell alleged he was denied counsel when he was identified by his co-conspirator during a lineup at which his attorney was not present. He was formally charged only after this identification occurred. Accordingly, the court held, “Russell had no Sixth Amendment right to counsel before adversarial proceedings were initiated against him, he could not have been denied his right to counsel when Jolly identified him the day of the crimes.” Id.

Under Russell v. State, the right to counsel applies only when a defendant has been formally charged with a criminal offense and the moment is considered critical to the outcome of the case. In Alabama, this means the right to an attorney begins only after formal charges have been filed. In this case, the court properly weighed the constitutional ramifications of its decision. It correctly interpreted and applied standards set by the United States Supreme Court, ensuring that constitutional protections are upheld. While the decision could have been rendered with a shorter analysis, the court took the opportunity to clearly lay out the constitutional framework behind its reasoning. By doing so, it provided important guidance for understanding when the right to counsel applies, and why Russell’s claim was properly denied.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205-335-2640. Get Relief * Get Results.