Lester was arrested for burglary, a felony, late one Friday afternoon. He was taken to the station house, booked, and then held in a cell at the county jail because no magistrate was available. Lester’s confinement lasted from Friday afternoon until Monday morning. The police did not give Lester his Miranda warnings, or attempt to question him. On Friday evening, Lester stated that he was indigent (which was true) and demanded that the authorities furnish counsel for him. They refused to do so. (Lester wanted a lawyer over the weekend because he believed that a lawyer might be able to get him released. In fact, there were some special emergency procedures available, under which a knowledgeable lawyer might indeed have gotten Lester released over the weekend.) On Monday morning, Lester was taken to an initial appearance before a magistrate, at which time the charges were read to him, he entered a non-binding plea of not guilty, and counsel was appointed for him. Did Lester’s confinement without counsel over the weekend violate his 6th Amendment rights?
Answers & Comments
No. You don't need to have counsel to be confined. You don't have to be in front of a magistrate within 24 hours. You have to be in front of a magistrate "without unnecessary delay", which typically means within 48 hours.
It doesn't matter that they didn't read him his Miranda warnings, because they did not interrogate him.
Generally, the right to counsel attaches once someone has been indicted, charged, or at least arraigned. An arrest generally does not trigger the right.
Yes, because he was also denied his right to an initial appearance before a magistrate within 24 hours. Every jurisdiction I have ever lived in had initial appearances scheduled every day in order to comply with the requirement of initial appearance within 24 hours.