Whether the Sixth Amendment right to counsel attaches before the filing of a formal federal criminal charge

QUESTIONS PRESENTED Petitioner Jaime V. Pina, Jr., and his younger brother Angel were charged in state court with possession with intent to deliver cocaine. An attorney hired by his family to represent both brothers, and acting under a direct conflict of interest when he did so, met with and learned confidential information from both young men. The attorney then advised Jaime to submit to a police interview with drug task force detectives. The detectives told the attorney that Jaime and Angel’s case was going to be prosecuted federally and that federal agents wanted to interview them. The lawyer failed to obtain proffer protection or engage in any plea negotiations first with the federal prosecutor. When the lawyer took Jaime to make a statement, Jaime incriminated himself with a story that did not include Angel’s involvement. Under these circumstances: I. Does the Sixth Amendment right to counsel attach when federal authorities are actively pursuing an indictment but before the filing of a formal federal charge? II. Does the Sixth Amendment right to counsel attach when federal authorities are actively pursuing an indictment but before the filing of a formal federal charge, where Defendant has been charged with the same crime in state court?