Right to Counsel Flashcards
Person charged with a crime has a right to…
retain counsel and receive assistance from counsel at any time
When must a person charged with a crime punihable by confinement be brought before the court not of record?
first day on which coourt sits after man has been charged and informed of right to counsel
How much time does one have to employ counsel?
A reasonable amount of time
When can the accused waive counsel?
If competent
and
waiver is voluntary and intelligently made
How does court ascertain if waiver of counsel done properly?
Through oral examination and then have them sign a statement to that effect
What if D refuses to sign a statement of waiver?
Refusal is deemed a waiver of the right to counsel
When can D waive counsel?
At any time, even after counsel has been obtained as long as its voluntary and intelligent
Can the court ever proceed without appointing counsel?
Yes. If court states that no incarceration will be imposed if the D is found guilty, court may try the case without counsel.
