Final answer:
In Tennessee, the right to counsel generally attaches when an individual is taken into custody or during a post-indictment interrogation. This right was affirmed by the case of Gideon v. Wainwright, which ensures that all accused individuals are entitled to an attorney, even if they cannot afford one. Notably, suspects must also be informed of their rights, including to legal representation, during police interrogations.
Step-by-step explanation:
When Does the Right to Counsel Attach in Tennessee?
In Tennessee, the right to counsel attaches at critical stages of the criminal process after formal charges are filed. This includes when someone is taken into custody or during a post-indictment interrogation. The landmark decision in Gideon v. Wainwright established the constitutional right of an accused to have an attorney, regardless of their ability to afford one, a principle that applies in both state and federal courts. Moreover, decisions such as Miranda v. Arizona established that the police must advise suspects of their right to an attorney during custodial interrogations, and if they cannot afford an attorney, one must be appointed for them.
Further elaborating the right to counsel, the Supreme Court in Escobedo v. Illinois ruled that a person in police custody has the right to speak to an attorney. Montejo v. Louisiana, however, allows for a waiver of this right during police interrogations even after the right has been asserted, unless the accused explicitly requests an attorney. It is essential that all individuals understand their right to a lawyer to ensure a fair trial, a concept solidly reinforced by the Supreme Court Cases following Gideon v. Wainwright.