Correct! Defense counsel will lose the "402 Motion". The Sixth Amendment right to counsel is "offense-specific" to the charges filed on the criminal complaint, indictment, or petition (Texas v. Cobb, U.S., 4/01; McNeil v. Wisconsin, U.S., 1991; U.S. v. Wright, 9USCA, 4/92). This differs from a Miranda counsel assertion which is "offense-generic" and applies to any further in-custody, police-initiated questioning. From a Sixth Amendment standpoint, the suspect is open to questioning on any separate and uncharged crimes, however could not be questioned about the charges filed without the presence of counsel.

Note: The detective should check with the original arresting agency to confirm that there is no Miranda counsel assertion that pre-exists her desire to question.