Arizona

Criminal Procedure

Criminal Procedure

Rule 6.1 – Right to Counsel; Right to a Court-Appointed Attorney; Waiver of the Right to Counsel

(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.
(b)Right to a Court-Appointed Attorney.

(1)As of Right. An indigent defendant is entitled to a court-appointed attorney:

(A) in any criminal proceeding that may result in punishment involving a loss of liberty; or
(B) for the limited purpose of determining release conditions at or following the initial appearance, if the defendant is detained after a misdemeanor charge is filed.
(2)Discretionary. In any other criminal proceeding, the court may appoint an attorney for an indigent defendant if required by the interests of justice.
(3)Definition of “Indigent.” For the purposes of this rule, “indigent” means a person who is not financially able to retain counsel.
(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.
(d)Unreasonable Delay in Retaining Counsel. If a defendant appears at a proceeding without counsel, the court may proceed if:

(1) the defendant is indigent and has refused appointed counsel; or
(2) the defendant is not indigent and has had a reasonable opportunity to obtain counsel.
(e)Withdrawal of Waiver. A defendant may withdraw a waiver of the right to counsel at any time. But the fact that counsel is later appointed or retained does not alone establish a basis for repeating any proceeding previously held or waived.

Ariz. R. Crim. P. 6.1

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 6.1, relating to right to counsel and waiver to right of counsel, was abrogated effective January 1, 2018.