Current through Register Vol. 54, No. 40, October 5, 2024
Rule 152 - Waiver of CounselA.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; and3) 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; ore) 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.The provisions of this Rule 152 amended January 11, 2012, effective 3/1/2012, 42 Pa.B. 547; amended February 6, 2017, effective 4/1/2017, 47 Pa.B. 941.