Section 210.15. Arraignment upon indictment; defendant's rights, court's instructions and bail matters  


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  • 1. Upon the defendant's arraignment before a superior  court  upon  an
      indictment,  the  court  must immediately inform him, or cause him to be
      informed in its presence, of the charge or charges against him, and  the
      district  attorney    must  cause him to be furnished with a copy of the
      indictment.
        2.  The defendant has a right to the aid of counsel at the arraignment
      and at every subsequent stage of the action, and,  if  he  appears  upon
      such arraignment without counsel, has the following rights:
        (a)  To an adjournment for the purpose of obtaining counsel; and
        (b)    To  communicate, free of charge, by letter or by telephone, for
      the purposes of obtaining counsel and informing  a  relative  or  friend
      that he has been charged with an offense; and
        (c)    To  have  counsel assigned by the court in any case where he is
      financially unable to obtain the same.
        3.  The court must inform the defendant of  all  rights  specified  in
      subdivision  two.    The  court must accord the defendant opportunity to
      exercise such rights and must itself take such affirmative action as  is
      necessary to effectuate them.
        5.    If  the defendant desires to proceed without the aid of counsel,
      the court must permit him to do so if it is satisfied that he made  such
      decision with knowledge of the significance thereof, but if it is not so
      satisfied  it  may  not  proceed  until  the  defendant is provided with
      counsel, either of his own choosing or by assignment.   A defendant  who
      proceeds  at the arraignment without counsel does not waive his right to
      counsel, and the court must inform him that he continues  to  have  such
      right  as  well as all the rights specified in subdivision two which are
      necessary to effectuate it, and that he may exercise such rights at  any
      stage of the action.
        6.  Upon the arraignment, the court, unless it intends to make a final
      disposition  of  the action immediately thereafter, must, as provided in
      section 530.40, issue a securing order, releasing the defendant  on  his
      own  recognizance or fixing bail or committing him to the custody of the
      sheriff for his future appearance in such action.