What is the difference between the right to counsel in a criminal case before and after formal charges have been brought?
Art 33 of the CPL says that a criminal defendant shall have the right to counsel after the file of a case has been transferred for prosecution. This article only allows access to a lawyer (explicitly stated) for the purposes of providing legal advice, file an administrative appeal, or lodge a complaint. Because no charges have been filed, there is no basis for defense. Art 96 of the CPL says that a criminal suspect may appoint counsel after the first day of interrogation. According to this provision, a defendant’s right to counsel (defined more broadly than just lawyers) for the purposes of engaging in activities on behalf of defending the client against the charges against him or her. Article 96 goes on to say that access to counsel is subject to approval in cases involving State secrets. 2. What does the use of “may” in Art 96 signify as compared to the use of “shall” in Art 33? Is the right to counsel during the investigation stage, as it is stated in the CPL, absolute subject only
