Failure to Advise Right to Counsel Results in Reversal – State v. Diamante (UNP)

In the UNPUBLISHED decision of State v. Diamante, the Appellate Division once again affirmed that a defendant who has been charged with an offense in municipal court must be individually informed of his right to counsel. Failure to do so results in reversible error. It does not matter that the punishment for the offense charged is not a consequence of magnitude nor that the defendant may have been so advised during the judge’s opening statement. Each defendant must be individually advised.

Download a copy of the UNPUBLISHED decision in State v. Diamante.

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