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3. Rights Deemed Essential to "Due Process" During Trial.

a. An accused is entitled to the assistance of counsel in pre-
paring and conducting his defense. He is entitled to
effective counsel of his own choice, with whom he has the
right..to confer privately. At least in capital cases;
counsél must be provided an indigent,.accused; in non-capi~
tal cases, denial of appointed counsel is not in and of
itself a denial of due process. Of course, the rifght to
counsel may be waived, voluntarily.

The right to counsel attaches upon arraignment or detention (Const, Art
9), and no one may be detained before being informed of his right to counse!
and afforded an opportunity to select counsel. (Code Crim Proc, Art 72).
Counsel may be selected from amonf, the bar (Code Crim Proc, Art 31) by the
accused or his immediate family (Code Crim Proc, Art 30), or, in a case of
partial or comnlete incapacity, by the court. (Code Crim Proc, Art 33).

While counsel before the Supreme Court must be an attorney (Code Crim Proc,
Art 386), lower courts may, in "special circumstances," permit the selection
of lay counsel. (Code Crim Proc, Art 31).

Except where only judgment remains to be pronounced, no trial may be con-
ducted in the absence of counsel, where the offense charged is punishable by
death, or imprisonment for an indeterminate sentence or for not less than
three years. (Code Crim Proc, Art 282).

Counsel is entitled to consult with the accused (Code Crim Proc, Art 3h),
. inspect and copy "documents or articles of evidence relating to the litigation"
(Code Crim Proc, Arts 35, 185), and submit evidence to the court in advance
of trial (Code Crim Proc, Art 274), and the attorney-client privilese is re-
spected both as to oral confidence (Code Crim Proc, Art 149) and articles re-

ceived in the course of professional consultations. (Code Crim Proc, Art 112

Counsel is entitled to notice of all proceedings (Code Crim Proc, Aets

122, 176(2), 267(3)), and may be present at all examinations (Code Crim Frec,

Arts 163(1), 176(1)), searches, seizures, and inspections. (Code Crim Proc,

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