Waiver of counsel, 2014

A juvenile can waive the right to counsel if the court finds the waiver is knowingly, intelligently, and voluntarily given in view of the juvenile's age, education, and apparent maturity. The waiver should be obtained in the presence of the parent, guardian, or custodian. However if there is a conflict of interest between the juvenile and parent, guardian, or custodian, the court must impose such safeguards on the waiver as appear in the best interests of the juvenile.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    Under 0

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    Juveniles cannot waive right to counsel if possibility of specified placement(s).

Timing of counsel, 2013

In Arizona, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the local level (county/judicial district)

(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

In Arizona, this topic is governed by juvenile statutes and juvenile court rules. State statute provides procedures to determine indigency. Arizona indigency laws apply to juveniles being transferred to criminal court. Arizona indigency laws provide several useful definitions. Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.

  • Reflects laws as of the end of 2013 legislative sessions.

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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