After a suspect has been indicted and has obtained counsel, he has a right to have counsel present during a lineup; if the lineup is conducted without counsel's presence, evidence of any ID made there cannot be used in court. This is the " Wade-Gilbert rule."
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Aug 18, 2010 · Defendants are afforded a Sixth Amendment right to counsel at “critical stages” of their prosecution. Additionally, they held that, if the police conduct such a lineup without notice to the defendant’s attorney and in the attorney’s absence, they are violating the defendant’s Sixth Amendment right to counsel. The rationale behind this rule is that a lineup in the absence of …
Feb 01, 2006 · After a suspect has been indicted and has obtained counsel, he has a right to have counsel present during a lineup; if the lineup is conducted without counsel's presence, evidence of any ID made there cannot be used in court. This is the " Wade-Gilbert rule." Attachment of the Right to Counsel
May 02, 2017 · A suspect has the right to have an attorney present during a lineup: A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing A defendant who has been indicted has a right to an attorney at his lineup
Because the constitutional right to counsel exists to provide a lawyer's assistance for an accused layman both at trial and during "critical stages" of pretrial procedures, this right only applies to cases where adversary judicial proceedings have begun. In the past, some courts tried to expand this protection to cover any "closely related" cases as well.
Law enforcement officers are quite familiar with the court-created "right" to counsel established by the Miranda opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.
Once the Sixth Amendment right to counsel has attached, any statements elicited by your agents, even undercover, cannot be admitted to prove guilt on the charged crime ( U.S. v. Henry). However, you can ask informants to report any volunteered statements the defendant makes on his own, provided you do not instruct the informant to provoke discussions and do not give him or her any incentive to do so.
Not all states use a grand jury indictment to charge defendants. Some use a criminal complaint or other means. To cover the various procedures that might trigger the Sixth Amendment right to counsel, the court eventually declared that the right to counsel would attach by any process (including "formal charge, preliminary hearing, indictment, information, or arraignment") that might be used to initiate "adversary judicial proceedings" ( Kirby v. Illinois ). This means that in most jurisdictions, the Sixth Amendment right to counsel will arise either at the time of indictment or of the first court appearance after formal charges, whichever comes first.
Both defendants appealed to the California District Court of Appeal . This first appeal was granted as a matter of right to all criminal defendants. Under California law, however, indigent defendants did not have the right to an appointed attorney for the first appeal.
On appeal to the U.S. Supreme Court, Gideon was represented by ABE FORTAS, who had been appointed by the Court. Through Fortas, Gideon argued that the right to counsel was a fundamental right and essential to a fair trial.
According to the Court, the right to counsel is "one of the safeguards …deemed necessary to insure fundamental HUMAN RIGHTS of life and liberty.". In making this decision, the Court noted "the obvious truth that the average defendant does not have the professional legal skill to protect himself.".
The Court has also read the Sixth Amendment to mean that a criminal defendant is entitled to effective legal counsel. This means that a defendant has the right to conscientious, meaningful representation. If a defendant does not receive effective assistance of counsel at trial, the conviction will be reversed.
The Court specifically held that where an investigation is "no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect," the suspect is effectively in custody and has the right to consult a lawyer.