Rule 6.1. Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel...
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2022
Effective: January 1, 2022
16A A.R.S. Rules Crim.Proc., Rule 6.1
Rule 6.1. Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel; Authority of a Legal Paraprofessional
(a) Right to Be Represented by Counsel. A defendant has the right to be represented by counsel in any criminal proceeding. The right to be represented by counsel includes the right to consult privately with counsel, or the counsel's agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow counsel to adequately prepare for the proceeding.
(c) Waiver of Right to Counsel. A defendant may waive the right to counsel if the waiver is in writing and if the court finds that the defendant's waiver is knowing, intelligent, and voluntary. After a defendant waives the right to counsel, the court may appoint advisory counsel for the defendant at any stage of the proceedings. In all further matters, the court must give advisory counsel the same notice that is given to the defendant.
(f) Right to Be Represented by a Legal Paraprofessional. A defendant may be represented by a legal paraprofessional in criminal cases and proceedings as provided in ACJA § 7-210. This does not affect the right to appointment of an attorney under (b)(1)(B). A legal paraprofessional must be permitted to consult privately with the defendant as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow a legal paraprofessional to adequately prepare for the proceeding. A legal paraprofessional must comply with all duties in Rule 6.3(a), (c), and (d).
Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 30, 2021, effective Jan. 1, 2022.
16A A. R. S. Rules Crim. Proc., Rule 6.1, AZ ST RCRP Rule 6.1
State Court Rules are current with amendments received and effective through 8/1/22. The Code of Judicial Administration is current with amendments received through 8/1/22.
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