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District Court Special Rule 205: Notice of Rights

[Disclaimer]

A summons issued upon a complaint against a child alleged to be wayward or delinquent shall have attached thereto the following:

(1) A copy of the complaint.

(2) You have a right to legal counsel at all stages of the proceedings. If you are unable to afford counsel the court will appoint counsel for you.

(3) If you are of the opinion that all or any of the allegations contained in the complaint are not true, you have a right to deny the same and are entitled to a hearing before this court thereon.

(4) You have the privilege against self-incrimination and in consequence, you have a right to remain silent and to require the complainant to prove any and all charges made against you.

(5) You have the right to be confronted by the person making any accusation against you and to cross-examine that person and any other persons called to testify against you.

(6) You may produce witnesses in your own behalf at the hearing of the complaint.

(7) If there should be an adjudication or order of commitment against you, you have a right of appeal to the Superior Court of this county at the time thereof.

(8) You may, for cause, request a continuance of the hearing.

(9) Any questions relating to your rights may be submitted by you to the court at the hearing.

(10) Before the above mentioned hearing on the juvenile complaint the court, as provided by G.L. c. 119, s. 61, may hold a transfer hearing to determine whether you should be tried as an adult rather than a child and subject to adult criminal proceedings. If there will be such a transfer hearing, you will receive at least seven days notice of that hearing. See G.L. c. 119, s. 61 and Rule 208 of the Special Rules of the District Courts.

Said information in written form shall also be given to a child and his parent, guardian or other person or agency whose presence in court is or may be required by law when first appearing in court pursuant to such a complaint otherwise than upon a summons.

Amended May 10, 1976, effective June 1, 1976.