MBE Rules · Criminal Procedure
6A right to counsel
The rule
Attaches at the initiation of adversarial judicial proceedings (formal charge, indictment, arraignment, preliminary hearing). Offense-specific (McNeil). Applies at all critical stages: post-charge lineups, preliminary hearings, arraignments, trial, sentencing, first appeal as of right.
In plain English
The right to have a lawyer starts when formal legal actions begin against you and covers important steps in the process, like hearings and trials.
Worked example
After being charged with theft, the defendant has the right to a lawyer during a lineup to ensure fair treatment and proper legal advice.
Memory hook
Counsel Calls: Charge Onward. Right to counsel kicks in at formal charge and carries through critical stages.
The trap
Students think: 6A right to counsel attaches at arrest. Wrong, because it starts at formal charge. The actual test is adversarial judicial proceedings.
How examiners test it
The MBE loves: defendant questioned post-arrest but pre-charge. Trap: assuming 6A right to counsel applies. Remember, it attaches at formal charge, not arrest.
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