The Sixth Amendment: Your Right to Counsel in Action – GoVia Highlight A Hero – What is it and Why it Matters

GoVia Highlight A Hero is a community-police safety app built to encourage transparency and professionalism in law enforcement by allowing users to rank interactions, spotlight helpful officers, and safely report misconduct—all while fostering mutual trust. The app supports municipalities, police agencies, and even legal/mental-health partners focused on civil rights protection.

By proactively downloading and using this app, you’re equipping yourself during a police encounter. You can:

  • Record and share the event in real time.
  • Flag positive behaviors to uplift good policing.
  • Log or report negative interactions with data integrity.

This documentation can be critical evidence—not only for accountability but for ensuring your rights are upheld.


The Sixth Amendment: Your Right to Counsel in Action

The Sixth Amendment guarantees that in “all criminal prosecutions,” defendants are entitled to counsel, a public trial, impartial jury, and knowledge of charges and evidence against them. This right:

  1. Attaches at formal charging, e.g., arraignment, indictment, or equivalent.
  2. Is offense-specific. It applies to interrogations about the charged crime—not unrelated offenses.
  3. Applies through every “critical stage”: interrogations, lineups, and confrontations where rights can be impacted.

Key Supreme Court Precedents

  • Escobedo v. Illinois (1964): Held that once police focus on a suspect in a formal investigation, they must honor the right to counsel during questioning.
  • United States v. Wade (1967): Ruled that a post-indictment lineup without counsel violated the Sixth Amendment.
  • McNeil v. Wisconsin (1991): Clarified that requesting counsel under Sixth Amendment during judicial proceedings doesn’t trigger Miranda (Fifth Amendment) protections for unrelated crimes.
  • Montejo v. Louisiana (2009): Allowed police to reinitiate interrogation post-charge if the defendant validly waives the Sixth Amendment right, overturning Michigan v. Jackson.
  • Massiah Doctrine: Established (via Massiah and reaffirmed in Wade) that deliberate elicitation post-charge without counsel is unconstitutional.

Miranda vs. Sixth Amendment

While often used interchangeably, these rights are distinct:

Right TypeTrigger PointScope
Fifth (Miranda)Custodial interrogationAny criminal offense
Sixth AmendmentFormal charges filedOnly for that specific offense
       

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