Rule 37-3. Advisement of Constitutional Rights

(a) Unless a defendant has been previously advised of his or her constitutional rights by a clerk pursuant to General Statutes § 54-64b or by a judicial authority pursuant to General Statutes § 54-1b, or unless the arraignment is proceeding without the presence of the defendant in accordance with subsection (c) of Section 37-1, the judicial authority shall, personally and in open court, advise any defendant or defendants appearing for arraignment, either individually or collectively of the following at the opening of the court session:

(1) That the defendant is not obligated to say anything and that anything the defendant says may be used against him or her;

(2) That the defendant is entitled to the services of an attorney;

(3) If the defendant is unable to pay for one, what the procedures are through which the services of an attorney will be provided for him or her; and

(4) That the defendant will not be questioned unless he or she consents, that the defendant may consult with an attorney before being questioned and that the defendant may have an attorney present during any questioning.

(b) If the judicial authority arraigns a defendant without his or her presence in accordance with subsection (c) of Section 37-1, the judicial authority shall order that the defendant be informed in writing of his or her rights under subsection (a) of this section as quickly as possible under the circumstances. The judicial authority shall also advise the defendant of his or her rights pursuant to subsection (a) of this section upon the defendant's first appearance in court.

Committee Notes

(P.B. 1978-1997, Sec. 637.) (Amended June 11, 2021, to take effect Jan. 1, 2022.)