Is there a violation of the Sixth Amendment of the Defendant's right to counsel if he had spoken to an undercover agent before they spoke?

California, United States of America

The following excerpt is from People v. Aguirre, B302007 (Cal. App. 2020):

Perkins further concluded that because no charges had been filed against the defendant relating to the subject of his conversation with the undercover agent before they spoke, there was no Sixth Amendment violation of the right to counsel. (Perkins, supra, 496 U.S. at p. 299.) Citing Massiah v. United States (1964) 377 U.S. 201 and its progeny, Perkins reiterated it is only "[a]fter charges have been filed, [that] the Sixth Amendment prevents the government from interfering with the accused's right to counsel." (Perkins, at p. 299.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can the prosecution impeach a testifying defendant with statements obtained from his own counsel in violation of his Sixth Amendment right to counsel? (California, United States of America)

Is a defendant's ineffectual request for counsel in a Sixth Amendment context coincidentally invoked his Fifth Amendment right to have counsel present at any interrogation? (California, United States of America)

Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

When will a defendant's Sixth Amendment right to counsel be violated at the lineup? (California, United States of America)

Does the admission of testimonial hearsay against a criminal defendant violate the Sixth Amendment right to cross-examine witnesses? (California, United States of America)

Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)

Does law enforcement violate appellant's Sixth Amendment right to counsel when he was placed in the holding cell because he had not been charged with murder? (California, United States of America)

Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)

What is the test for a defendant's Sixth Amendment right to access counsel? (California, United States of America)

Is there a violation of the Sixth Amendment of the Defendant's right to counsel if he had spoken to an undercover agent before they spoke?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources