Incorrect! In Peo. v. Viray, 6DCA, 12/05, the court ruled that a defendant is charged for Sixth Amendment purposes when prosecutors file a criminal complaint with the court clerk. “The Sixth Amendment right to counsel arises from the fact that the suspect has been formally charged with a particular crime and thus is facing a state apparatus that has been geared up to prosecute him”. Although not in custody, the suspect should have been given a Miranda warning which would have conveyed his right to have an attorney present during interview or
consult with an attorney prior to interview. Absent this warning and a waiver of the right to counsel, the statement will be suppressed.