When does the Fifth Amendment right to counsel attach?

The Fifth Amendment right to counsel specifically attaches when an individual is in custody and subject to interrogation. This is crucial because it is during this phase that individuals confront the possibility of self-incrimination. The right to counsel is designed to protect defendants from making potentially damaging statements without legal representation, ensuring that they fully understand their rights and the implications of their statements.

Custody means that a person has been deprived of their freedom in a significant way, and interrogation refers to direct questioning by law enforcement designed to elicit incriminating responses. Once the police initiate this interaction while the individual is in custody, the need for legal counsel arises to safeguard the person's rights.

The options involving arrest or the start of adversary proceedings are not triggers for the right to counsel under the Fifth Amendment, as the focus is specifically on the interaction between law enforcement and the suspect during custody and interrogation. This nuanced understanding highlights the importance of the circumstances under which the right to counsel is activated, emphasizing the protective nature of the amendment during critical moments in the legal process.