Right to Counsel Flashcards
Except before a regular grand jury…
a person charged with a crime has a right to retain counsel and receive assistance from that counsel at any time.
An accused charged with a crime punishable by confinement must be brought…
before a judge of a court not of record on the first day on which the court sits after the person is charged, to be informed of the right to counsel.
The accused must be allowed a reasonable time to…
employ counsel.
An accused may waive right to counsel if the accused is…
competent.
A waiver of the right to counsel must be…
voluntary and intelligently made.
If an accused waives their right to counsel, a court must…
- Ascertain by oral examination whether the accused desires to make such waiver; and
- Provide the accused with a statement of waiver to sign.
If an accused refuses to sign a statement of waiver after oral examination by the court…
the refusal is deemed a waiver of right to counsel.
If the court states in writing that a sentence of incarceration will not be imposed if the defendant is convicted…
the court may try the case without appointing counsel.
A defendant may waive their right to counsel at…
any time, even after representation has been obtained.
[as long as voluntary & intelligent].
