Who must be present during a line-up when a subject is in custody and charged?

In situations where a subject is in custody and charged, it is crucial to have the subject's attorney present during a line-up. This presence ensures that the rights of the accused are protected and that the line-up procedure adheres to legal and ethical standards. The attorney can monitor the process for fairness and can raise objections if there are any issues that might violate the accused's rights or compromise the integrity of the identification.

The presence of the attorney is vital because it aligns with the constitutional right to counsel. Having legal representation ensures that the accused has someone knowledgeable about the law and procedures to advocate for their interests during potentially prejudicial processes, such as a line-up.

While other options, such as the lead investigator or witnesses, play roles in the law enforcement process, they do not carry the same constitutional obligation to be present during a line-up as the subject's attorney does. The judge's involvement is not typically required in this context, while witnesses are usually selected for the line-up from a pool of individuals, not mandated to be present for the accused's representation.