2.5.5 Right to Counsel

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

2.5.5 Right to Counsel

Waiver of the right to counsel also may not be assumed from a silent record. The defendant must have been specifically informed of the right to the assistance of counsel and must have clearly rejected such assistance.¹³³ Waiver of this "trial right" also generally requires some form of inquiry by the trial judge to ensure that the defendant understands the consequences of the decision.¹³⁴ As with the other rights discussed earlier, the determination of whether a waiver is valid depends on the totality of the circumstances. Factors that will weigh on a court's...