After counsel has entered, which statement best reflects the rule about questioning the defendant?

• A. The defendant may be questioned in the absence of counsel
• B. The defendant cannot be interrogated on any subject matter
• C. The defendant cannot be questioned unless counsel is present
• D. The defendant may waive the right to counsel at any time

Answer: (C)

When a defendant has entered counsel, the interrogation rule is that questioning should not proceed in the defendant’s absence. The presence of counsel is required to ensure the defendant’s rights are protected and that any statements are made knowingly and voluntarily. Therefore, the best statement is that the defendant cannot be questioned unless counsel is present.

The other options conflict with this protection: allowing questioning without counsel would bypass the right to counsel; saying no questioning on any subject matter isn’t accurate because, with counsel present, questioning can continue; and claiming the right to waive counsel can be exercised at any time ignores the requirement that waivers be knowing and voluntary, typically in the context after counsel’s involvement.