At what point does the right to counsel begin according to the 5th and 6th Amendments?

The right to counsel, as protected by the 5th and 6th Amendments, begins at a critical juncture in the criminal justice process. The 6th Amendment guarantees the right to counsel during "all criminal prosecutions," which includes the right to have an attorney present during trial. However, this right also encompasses pre-trial stages and is particularly significant during custodial interrogations. According to the Miranda v. Arizona decision, the right to counsel is triggered before formal charges are made and continues during the interrogation process.

Therefore, the answer indicating that the right to counsel begins before custody and continues after custody accurately reflects this concept. It means individuals are entitled to legal representation during critical phases of the judicial process, starting from the moment they are taken into custody and through any interactions with law enforcement where their right to remain silent and to seek legal assistance is applicable. This continuous aspect of the right to counsel ensures that individuals maintain access to legal support throughout their involvement with the legal system, thereby safeguarding their rights from the very start.