Common use of Waiver of Right to Counsel Clause in Contracts

Waiver of Right to Counsel. The Court may not accept a written or oral waiver of any right to court-appointed counsel without FIRST informing the defendant of the nature of the charges, of the defendant’s right to be counseled regarding her/his plea, and the range of possible punishments, and ensuring that any waiver is knowing, intelligent, and voluntary. If a defendant/probationer seeks to waive his or her right to counsel, the court must conduct a colloquy on the right to inform the defendant: (1) that the indigent defendant has a right to a court- appointed attorney or public defender at no cost; (2) that any fee normally charged for representation by a court-appointed attorney shall be waived for indigent defendants; and (3) the nature of the charges against the defendant, of defendants’ right to be counseled regarding his or her plea, and the range of possible punishments.