Alex was arrested and taken into custody by the police. Before formal charges were filed, the police began questioning him extensively without providing access to an attorney. Which of the following best describes the point at which Alex's Sixth Amendment right to counsel attaches?
Upon arrest.
After a public defender is requested.
When the accused is in custody and subject to interrogation.
At the initiation of adversary judicial proceedings.
The Sixth Amendment right to counsel attaches at the initiation of adversary judicial proceedings, not merely at the time of arrest. While Miranda rights pertain to custodial interrogations, the Sixth Amendment specifically applies when formal charges are filed or a court proceeding begins. Thus, the correct answer accurately identifies the attachment point of the right to counsel.
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What is the difference between Miranda rights and the Sixth Amendment right to counsel?
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What are adversary judicial proceedings, and why are they important for the Sixth Amendment?
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Why doesn’t the Sixth Amendment right to counsel attach at the time of arrest?
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Multistate Bar Examination
Criminal Law and Procedure
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