Monday, August 17, 2009

7:3-2. Hearing on First Appearance; Right to Counsel

7:3-2. Hearing on First Appearance; Right to Counsel

(a) Hearing on First Appearance. At the defendant's first appearance, the judge
shall inform the defendant of the charges and shall furnish the defendant with a copy of
the complaint or copy of the electronic ATS/ACS record of the complaint, if not
previously provided to the defendant. The judge shall also inform the defendant of the
range of penal consequences for each offense charged, the right to remain silent and
that any statement made may be used against the defendant. The judge shall inform the
defendant of the right to retain counsel or, if indigent, to have counsel assigned
pursuant to paragraph (b) of this rule. The defendant shall be specifically asked whether
legal representation is desired and defendant's response shall be recorded on the
complaint. If the defendant is represented at the first appearance or then affirmatively
states the intention to proceed without counsel, the court may, in its discretion,
immediately arraign the defendant pursuant to R. 7:6-1.
(b) ... no change