1.11 - A. After The Initiation Of Formal Proceedings

JurisdictionNew York

A. After the Initiation of Formal Proceedings

After an accusatory instrument has been filed against an accused, no questioning of him regarding the crimes charged may take place unless counsel is present.23 In New York, issuance of an arrest warrant automatically triggers an indelible right to counsel since an arrest warrant can be obtained only after the filing of an accusatory instrument.24 It is the actual filing of the instrument that triggers the right. If a complaint has been prepared and signed but has not yet been filed, the criminal proceeding has not yet formally commenced, and the right to counsel has not yet attached.25 (The U.S. Supreme Court’s Sixth Amendment jurisprudence in this regard is different.26)


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Notes:

[23] . Massiah v. United States, 377 U.S. 201 (1964); People v. Samuels, 49 N.Y.2d 218, 424 N.Y.S.2d 892 (1980) (felony complaint)...

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