A person has a right to have an attorney represent him or her when the defendant stands accused of a criminal offense wherein imprisonment and/or an adjudication of guilty is a possibility. An individual is entitled to represent himself in a criminal proceeding if he wants to do so. The defendant must effectively waive representation by counsel in order to represent himself. A defendant must knowingly & voluntarily waive his right to counsel in order for the waiver to be legally effective. The defendant must know of the right that he waiving, be aware of the consequences of waiving that right & waive the right voluntarily, meaning on his own free will without coercion.
In order to determine whether the right has been effectively waived, the court should conduct an inquiry on the record and for this, appeal for certiorari writ. The trial court will question the defendant concerning the waiver so the court can determine as to whether or not the defendant's waiver was a knowing and voluntary waiver. As shown below, an individual can collaterally attack a conviction if his waiver is later determined to be either unknowing or involuntary. Visit our site to get the required documents supremecourtpaper.com.
In order to determine whether the right has been effectively waived, the court should conduct an inquiry on the record and for this, appeal for certiorari writ. The trial court will question the defendant concerning the waiver so the court can determine as to whether or not the defendant's waiver was a knowing and voluntary waiver. As shown below, an individual can collaterally attack a conviction if his waiver is later determined to be either unknowing or involuntary. Visit our site to get the required documents supremecourtpaper.com.
