California Bar Practice Exam

The Sixth Amendment right to counsel attaches not at arrest but rather when formal charges are filed, such as through indictment or information. This principle underscores the idea that the right to legal representation is a critical safeguard in the criminal process once the adversarial system is officially engaged through charges, ensuring that defendants have the support and guidance of counsel during prosecution.

While the right to counsel is essential throughout the criminal justice process, it is specific to the critical stage defined as the point at which criminal proceedings have officially commenced. Prior to formal charges, although individuals might benefit from the assistance of counsel in a less formal context, the constitutional guarantee itself is explicitly triggered by the initiation of formal proceedings.

In contrast, the other options misunderstand the timeline or conditions under which the right to counsel is guaranteed. For instance, an arrest alone does not invoke this right, nor does it apply during general police investigations in the absence of formal charges. The right does not arise during trial until formal proceedings are established, indicating that it is not limited to that phase either.