Notification and Waiver of Trial Rights of Parties

Rules of the Supreme Court of Virginia

Rule: 8:17

Jurisdiction: VA

Bluebook Citation: Va. Sup. Ct. R. 8:17

Upon a juvenile's first appearance in court in a delinquency case, the juvenile must be advised by the judge of the following trial rights: the right to counsel, to a public hearing, to the privilege against self-incrimination, to confront and cross-examine witnesses, to present evidence, and the right to appeal a final decision of the court. In determining whether a waiver of the right to counsel, of the right to a public hearing, and of the privilege against self-incrimination, is knowingly, voluntarily, and intelligently made, the court must find after a thorough inquiry that the juvenile is capable of making an intelligent and understanding decision in light of the child's age, mental condition, education, and experience, considering the nature and complexity of the case. Such waiver of trial rights must be made orally in open court, and the waiver of the right to counsel must also be reduced to writing, signed by the juvenile and filed with the court records of the case. Last amended by Order dated November 23, 2020; effective March 1, 2021. RULES OF SUPREME COURT OF VIRGINIA PART EIGHT JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS

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