The criminal justice system sets very specific rights for people who are facing charges. These individuals must make sure that their rights are being respected or they might end up being railroaded. One of the areas that some people might not realize is included in those in which the defendant’s counsel must be present is the lineup.
On television and in the movies, you see random people walk into a room while the frightened witness points out who they say committed the crime. Oftentimes, these shows only depict the detectives and police officers there with the witness who is doing the identification. This isn’t how it must be when this happens outside of TV land.
In real life, the defendant’s attorney must be present at a lineup if the information gathered in the lineup is admissible in court. It would be rather pointless for them to conduct an in-person lineup if they don’t intend to use that information in court. This would probably only occur if the other evidence in the case is solid.
There are other ways to identify suspects in cases. These include fingerprinting, DNA testing, voice samples, blood tests and similar tests. In these cases, the defense attorney isn’t required to be present for the testing to be done.
It is always a good idea to make sure that you know your rights as you are facing the criminal justice system. Having your attorney with you every step of the way can also help you ensure that you are doing what you need to do.
Source: FindLaw, “Lineups and Other Identification Situations,” accessed Sep. 07, 2017