When does the right to counsel attach in NY criminal procedure?

• A. Upon arrest
• B. When formal judicial proceedings begin
• C. Only at arraignment
• D. Only after interrogation

Answer: (B)

The key idea is that the right to counsel under the 6th Amendment attaches at the start of formal adversary judicial proceedings. In New York, that moment is when charges are formally brought and the defendant is brought before a court in a process that could lead to imprisonment—typically at arraignment or when an information/indictment is filed. Before this point, the defendant may be questioned during investigative stages, and the 6th Amendment right to counsel is not yet triggered; the defendant may still invoke Miranda rights during custodial interrogation, but counsel need not be present as part of the proceeding itself.

Arrest alone does not start formal proceedings, and the right to counsel tied to interrogation (Miranda) is separate from the 6th Amendment right to counsel. Saying it’s only at arraignment is too narrow because formal proceedings begin with the filing of charges and the first appearance in court, not just at arraignment.