6th Amendment Right to Counsel

Question 1

SIXTH AMENDMENT RIGHT TO COUNSEL

Answer 1

The Sixth Amendment guarantees the right to the assistance of counsel in all criminal proceedings, which include all critical stages of a prosecution after judicial proceedings have begun. It prohibits the police from deliberately
eliciting an incriminating statement from a defendant outside
the presence of counsel after the defendant has been charged
unless the defendant has waived their right to counsel.

Question 2

Right to Counsel Attaches

Answer 2

Post-indictment interrogation, whether or not custodial
* Preliminary hearings to determine probable cause to prosecute
* Arraignment
* Post-charge lineups
Guilty plea and sentencing
* Felony trials
* Misdemeanor trials when imprisonment is actually imposed or
when a suspended jail sentence is imposed
* Overnight recesses during trial
* Appeals as a matter of right
* Appeals of guilty pleas

Question 3

Offense Specific

Answer 3

The Sixth Amendment is offense specific. Thus, even though a
defendant’s Sixth Amendment rights have attached regarding
the charge for which they are being held, the defendant may be
questioned regarding unrelated, uncharged offenses without
violating the Sixth Amendment right to counsel (

Question 4

Waiver

Answer 4

The Sixth Amendment right to counsel may be waived. The waiver
must be knowing and voluntary.