Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 1 - GENERAL PROVISIONS
Part B(2) - COUNSEL
Rule 152 - Waiver of Counsel

Universal Citation: 237 PA Code ยง 152

Current through Register Vol. 54, No. 44, November 2, 2024

A. Waiver requirements. A juvenile who has attained the age of fourteen may only waive the right to counsel if:

1) the waiver is knowingly, intelligently, and voluntarily made;

2) the court conducts a colloquy with the juvenile on the record; and

3) the proceeding for which waiver is sought is not one of the following:
a) detention hearing pursuant to Rule 242;

b) transfer hearing pursuant to Rule 394;

c) adjudicatory hearing pursuant to Rule 406, including the acceptance of an admission pursuant to Rule 407;

d) dispositional hearing pursuant to Rule 512; or

e) a hearing to modify or revoke probation pursuant to Rule 612.

B. Stand-by counsel. The court may assign stand-by counsel if the juvenile waives counsel at any proceeding or stage of a proceeding.

C. Notice and revocation of waiver. If a juvenile waives counsel for any proceeding, the waiver only applies to that proceeding, and the juvenile may revoke the waiver of counsel at any time. At any subsequent proceeding, the juvenile shall be informed of the right to counsel.

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