THE COURT: At this hearing, I will advise you of your constitutional and legal rights. I will tell you about the charges against you and the penalties that the Court could impose if you are found guilty.
[...] I will tell you about your right to counsel, and I will consider conditions of release pending further court proceedings; that is, whether or not you should be detained and what amount of bail should be set.
[...] As a first step in this hearing, I am going to tell you about your constitutional rights. You have the right under the Constitution of the UnitedStates to remain silent. Any statement made by you may be used against you in court, and you have the right not to have your own words used against you.
You may consult with an attorney prior to any questioning, and you may have the attorney present during questioning. Counsel will be appointed without charge if you cannot afford counsel.
If you choose to make a statement or to answer questions without the assistance of counsel, you may stop answering at any time. This right means you do not have to answer any questions put to you by law enforcement agents or by the Assistant United States Attorney, Mr. Weinreb.
I want to make it clear. You are not prohibited from making statements, but that if you do, they can be used against you. You are not required to make a statement at
this initial appearance, and any statement you do make may be used against you.
Finally, if I ask you any questions here in this hearing or at any future hearing which you think might incriminate you, you have the right not to answer.
Do you understand everything I have said about your right to remain silent?
THE DEFENDANT: (Defendant nods affirmatively.)
THE COURT: Again I note that the defendant has nodded affirmatively. As I said earlier, you have the right to retain counsel, to be represented by counsel, and to have the
assistance of counsel at every critical stage of these proceedings. You have the right to an attorney at this initial appearance, during any questioning, at any lineup, and at
all proceedings in court. You also have the right to have this Court assign counsel if you cannot afford counsel or if you cannot obtain counsel.Can you afford a lawyer?
THE DEFENDANT: No.
THE COURT: Let the record reflect that I believe the defendant has said, "No." I have provisionally appointed the federal defender, Mr. Fick, to represent you in this matter.