Can an attorney be present during a lineup?

Can an attorney be present during a lineup?

• A. No, attorneys are never allowed
• B. Only in the courtroom, not during lineup
• C. An attorney may be present if wanted
• D. Attorneys are required to be present

Answer: (C)

An attorney may be present during a lineup if the defendant wants one. After formal charges are filed, lineup identification is treated as a critical stage of the prosecution, so the defendant has a right to counsel at that procedure. The attorney isn’t there to argue the case or participate in the identification itself, but to observe, advise the defendant, and help ensure the lineup is fair and conducted without leading or suggestive practices. This makes having counsel available upon request the correct stance. The other options are too absolute: attorneys aren’t banned from lineups, they aren’t required to be present in every lineup, and they aren’t limited only to the courtroom.

An attorney may be present during a lineup if the defendant wants one. After formal charges are filed, lineup identification is treated as a critical stage of the prosecution, so the defendant has a right to counsel at that procedure. The attorney isn’t there to argue the case or participate in the identification itself, but to observe, advise the defendant, and help ensure the lineup is fair and conducted without leading or suggestive practices. This makes having counsel available upon request the correct stance. The other options are too absolute: attorneys aren’t banned from lineups, they aren’t required to be present in every lineup, and they aren’t limited only to the courtroom.