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In all criminal proceedings, the defendant shall have the following rights:

A. To appear and defend in person or by a licensed attorney. The defendant has the right to effective counsel who is licensed to practice law by any jurisdiction of the United States, and if the defendant qualifies as indigent the Court shall appoint effective counsel to represent the defendant at the expense of the Nation;

B. To be informed of the nature of the charges against him or her and to have a written copy thereof;

C. To testify in his or her own behalf, or to refuse to testify regarding the charge(s) against him or her; provided however, that once a defendant takes the stand to testify on any matter relevant to the immediate proceeding against him or her, he or she shall be deemed to have waived all right to refuse to testify in that immediate criminal proceeding. He or she shall not, however, be deemed to have waived his or her right to remain silent in other distinct phases of the criminal trial process;

D. To confront and cross-examine all witnesses against him or her;

E. To compel by subpoena the attendance of witnesses in his or her own behalf;

F. To have a speedy public trial by an impartial Judge or jury;

G. To appear in all cases;

H. To prevent his or her present or former spouse from testifying against him or her concerning any matter which occurred during such marriage, except:

1. In any case in which the offense charged is alleged to have been committed against the spouse or the immediate family, or the children of either other spouse or the defendant, or against the marital relationship;

2. Any testimony by the spouse on the defendant’s behalf will be deemed a waiver of this privilege;

I. Not to be twice put in jeopardy by the Nation for the same offense;

J. To have a Judge who is licensed to practice law in a jurisdiction of the United States and competent in criminal procedure preside over all proceedings; and

K. To have a record of the criminal proceeding, including an audio or other recording of the trial proceeding. ONCA 18-19, eff. Apr. 30, 2018.