Does a suspect have a right not to be questioned regarding any offence for which they have been charged?

California, United States of America


The following excerpt is from People v. Rodriguez, B252980 (Cal. App. 2014):

A suspect also has the Sixth Amendment right not to be questioned regarding any offense for which "adversary judicial criminal process has been initiated." (People v. Collins (2010) 49 Cal.4th 175, 205.) This process is initiated by the filing of formal charges, the filing of an information, the return of an indictment, arraignment or a preliminary hearing. (Rothgery v. Gillespie County (2008) 554 U.S. 191, 198.) Defendant's interviews preceded any charging, so his Sixth Amendment right had yet to attach.

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