12 February 2008

Waiver of Right to Counsel

I Was the State has a post which shows a form used in one Texas jurisdiction for waiving representation in a criminal trial. I thought I'd put up the Virginia form.

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WAIVER OF RIGHT TO BE REPRESENTED BY A LAWYER (CRIMINAL CASE)

I have been advised by a judge of this court of the nature of the charges in the cases pending against me and the potential punishment for the offenses, which includes imprisonment in the penitentiary or confinement in jail. I understand the nature of these charges and the potential punishment for them if I am found to be guilty.

I have been further advised by a judge of this court that I have the following rights to be represented by a lawyer in these cases:

a. I have a right to be represented by a lawyer.

b. If I choose to hire my own lawyer, I will be given a reasonable opportunity to hire, at my expense, a lawyer selected by me. The judge will decide what is a reasonable opportunity to hire a lawyer. If I have not hired a lawyer after such reasonable opportunity, the judge may try the case even though I do not have a lawyer to represent me.

c. If I ask the judge for a lawyer to represent me and the judge decides, after reviewing my sworn financial statement that I am indigent, the judge will select and appoint a lawyer to represent me. However, if I am found to be guilty of an offense, the lawyer’s fee as set by the judge within statutory limits will be assessed against me as court costs and I will be required to pay it.

I understand these rights to be represented by a lawyer. I understand the manner in which a lawyer can be of assistance and I understand that, in proceeding without a lawyer, I may be confronted with complicated legal issues. I also understand that I may waive (give up) my rights to be represented by a lawyer.

Understanding my rights to be represented by a lawyer as described above and further understanding the nature of the case and the potential punishment if I am found to be guilty, I waive all of my rights to be represented by a lawyer in these cases, with the further understanding that the cases will be tried without a lawyer either being hired by me or being appointed by the judge for me. I waive these rights of my own choice, voluntarily, of my own free will, without any threats, promises, force or coercion.

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ADULT


Upon oral examination, the undersigned judge of this Court finds that the Adult, having been advised of the rights and matters stated above and having understood these rights and matters, thereafter has knowingly, voluntarily and intelligently waived his rights to be represented by a lawyer.

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JUDGE

FORM DC-335 (REVISED 5/03)

1 comment:

paratrooperJJ said...

So it looks like if you lose you have to pay for the lawyer? I can't see how that passes legal muster?