Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

At what point do individuals gain the right to counsel during a lineup?

1. Before being charged

2. During the pre-arraignment phase

3. Only after being charged

4. At any time during the investigation

The correct answer is: Only after being charged

Individuals gain the right to counsel during a lineup specifically after being charged with a crime. This is aligned with the legal standard established by court cases such as *Kirby v. Illinois* and *United States v. Wade*, which determine that the right to counsel is a safeguard provided to defendants to ensure fairness during critical stages of criminal proceedings. Once formal charges have been filed, the suspect is entitled to have legal representation to assist them during the lineup process. This right to counsel is meant to protect the accused’s interests in the identification procedure, potentially mitigating the risk of misidentification and ensuring that the lineup is conducted in a fair and just manner. Before charges are filed, while individuals may have certain protections, the legal obligation for the provision of counsel specifically comes into play only after formal charges are placed. Thus, the context of the right to counsel in relation to the timing of charges is crucial for understanding when this right is activated during the criminal justice process.